Usfs

Lands Council v. United States Forest Service

Good Law
601 F. App'x 478
United States Court of Appeals for the Ninth CircuitFebruary 18, 201514-35176California801 words

Opinion

Opinion

MEMORANDUM

This case concerns the U.S. Forest Service’s South George Vegetation and Fuels Management Project, which is a small fuels treatment and commercial timber harvest project located within the Umatilla National Forest. Plaintiffs-appellants filed suit to enjoin the Project, arguing that the Project violated both the National Forest Management Act (NFMA), 16 U.S.C. §§ 1600-1687 , and the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321 -4370h. The district court granted summary judgment in favor of the Forest Service on all claims. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

“[Ajgency decisions allegedly violating NFMA and NEPA are reviewed under the Administrative Procedure Act (‘APA’).” Native Ecosystems Council v. U.S. Forest Serv., 428 F.3d 1233 , 1238 (9th Cir.2005). “Under the APA, we may set aside an agency decision if it is ‘arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.’ ” Id. (quoting 5 U.S.C. § 706 (2)(A)). We independently review the district court’s application of this standard. See Earth Island Inst. v. U.S. Forest Serv., 697 F.3d 1010, 1013 (9th Cir.2012).

First, plaintiffs-appellants…

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