Bosworth

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ AND DEFENDANT’S MOTIONS FOR SUMMARY JUDGMENT

Before the Court are cross-motions for summary judgment, filed pursuant to Rule 56 of the Federal Rules of Civil Procedure. The matters came on regularly for hearing on March 15, 2002. Marc Fink of Western Environmental Law Center appeared on behalf of plaintiffs. Charles O’Connor, Assistant United States Attorney, appeared on behalf of defendant United States Forest Service (“Forest Service”). Having considered the papers filed in support of and in opposition to the motions and the arguments of counsel, the Court rules as follows.

BACKGROUND

In the instant action, plaintiffs challenge the adequacy of the Final Environmental Impact Statement (“EIS” or “FEIS”) prepared by the Forest Service in connection with the Fuels Reduction for Community Protection project (“Fuels Reduction Project”) on the Six Rivers National Forest (“Six Rivers”). In August, 1999, three small fires known as the Megram, Fawn, and Onion fires (collectively the “Big Bar Complex Fires”) ignited on the Shasta-Trinity National Forest. After merging with the Fawn fire, the Megram fire burned approximately 59,220…