Bosworth

Sierra Club v. Bosworth

Good Law
465 F. Supp. 2d 931·2006 WL 2457182·2006 U.S. Dist. LEXIS 67086
United States District Court, Northern District of CaliforniaAugust 25, 2006C 05-00397 CRBCalifornia4,690 words

Opinion

Opinion

Breyer, J.

AMENDED MEMORANDUM AND ORDER

This is one of two lawsuits filed against the United States Forest Service and other individuals challenging the validity of the programmatic environmental management plan conducted pursuant to a presidential proclamation creating the Giant Sequoia National Monument. Plaintiffs, a conglomerate of environmental organizations, make three claims for relief here under the National Environmental Policy Act (“NEPA”): (1) the Giant Sequoia National Monument Management Plan violated NEPA for a variety of reasons; (2) the Plan violated the 1990 Mediated Settlement Agreement (“MSA”), and defendants’ disregard for the MSA violated NEPA; and (3) four logging projects violate NEPA. Now pending before the Court are cross-motions for summary judgment on all claims, as well as defendant-interve-nor’s motion to increase the bond. The Court previously preliminarily enjoined two of the four logging projects at issue in the third claim for relief.

In a Memorandum and Order concurrently issued today in the related case, California v. United States Forest Service, Case No. C 05-00898 CRB, the Court held that the purported Monument Plan violated NEPA. The Court hereby…

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