News & Analysis as of

Forest Service Environmental Assessments

Mitchell, Williams, Selig, Gates & Woodyard,...

Ozark-St. Francis National Forest/Prescribed Burn/Logging/National Environmental Policy Act: Buffalo River Watershed Alliance...

The Buffalo River Watershed Alliance (“BRWA”) filed a February 21st Complaint for Vacatur of Illegal Agency Decision, Declaratory and Injunctive Relief (“Complaint”) against the United States Forest Service (“Forest Service”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Environmental Policy Act/Endangered Species Act: Federal Appellate Court Addresses Challenge to U.S. Forest Service...

The United States Court of Appeals, Ninth Circuit (“Ninth Circuit”), in a February 22nd appeal from the United States District Court for the District of Idaho (“District Court”) addressed an issue arising out of United States...more

Perkins Coie

Environmental Impact Statement Required Due to Conflicting Evidence About Project’s Effects

Perkins Coie on

An agency must prepare an environmental impact statement when it fails to address expert scientific evidence that undermines its conclusions about a project’s environmental effects. An agency also must prepare an EIS when...more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Environmental Policy Act/Endangered Species Act: Federal Appellate Court Addresses Challenge to U.S. Forest Service...

The United States Court of Appeals for the Ninth Circuit (“Court”) addressed in a June 4th Order whether the United States Fish and Wildlife Service (“FWS”) and the United States Forest Service (“USFS”) approval of the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Reforestation Project/National Environmental Policy Act: Federal Appellate Court Addresses Environmental Assessment /EIS Issues

The Ninth Circuit Court of Appeals (“9th Circuit”) addressed issues associated with two United States Forest Service (“Forest Service”) fire salvage and restoration projects. See Alliance for the Wild Rockies v. Mary...more

Perkins Coie

Forest Service Properly Analyzed Potential Impacts Of Forest Restoration Project On Pine Marten And Fisher Populations

Perkins Coie on

The 9th Circuit Court of Appeals held that the U.S. Forest Service could validly rely on proxy approaches in determining whether a forest restoration project would adversely impact pine marten and fisher populations in the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Municipalities' Water Withdrawal: NEPA/National Forest Management Act Challenge to U.S. Forest Service Authorization

The United States Court of Appeals for the 9th Circuit (“Court”) addressed in an October 23rd opinion Plaintiffs-Appellants Central Oregon LandWatch and WaterWatch of Oregon (collectively “Plaintiffs”) challenge to the United...more

Nossaman LLP

Ninth Circuit Declines to Apply EIS Requirements to an EA

Nossaman LLP on

On September 20, 2012, the Ninth Circuit rejected a challenge mounted under both NFMA and NEPA to the validity of the Angora Fire Restoration Project. See Earth Island Institute v. U.S. Forest Service, No. 11-16718, slip op....more

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