Weingardt

MEMORANDUM OF OPINION AND ORDER

Plaintiffs in these two cases allege that the defendant United States Forest Service violated the National Environmental Policy Act (“NEPA”) by failing to circulate a draft environmental assessment (“EA”) or otherwise involve the public “to the extent practicable” in the preparation of the EA. The parties in both cases have filed cross-motions for summary judgment. Although these cases are not consolidated, they raise the same legal issues and the court finds it expedient to issue a joint opinion.

I.

A. The North 19 Project

Plaintiffs Sierra Nevada Forest Protection Campaign (the “Sierra Nevada Campaign”), Sierra Club, and Lassen Forest Preservation Group (“Lassen Group”) allege that the Forest Service violated NEPA, the Appeals Reform Act (“ARA”), and the Administrative Procedure Act (“APA”) in approving the North 49 project in the Lassen National Forest. The North 49 project involves the logging of approximately 14,000 acres. (Sierra AR 416-417.) The stated “purpose and need” for the North 49 project is to restore fire-adapted forest ecosystems and reduce the risk of wildfires. (Id.)

The Sierra Nevada Campaign and the Lassen Group notified…