Native Ecosystems Council v. United States Forest Service

Native Ecosystems Council (“Native Ecosystems”) appeals the district court’s grant of summary judgment to the United States Forest Service (“Forest Service”) in connection with the Forest Service’s approval of the Jimtown Vegetation Project (“Jimtown Project”) in the Helena National Forest. To lower the potential for a catastrophic fire, the Jimtown Project involves thinning,- prescribed burning, and weed management on approximately 1,500 acres in an area of the Helena National Forest prone to high intensity fires.

Native Ecosystems claims the Forest Service violated the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seq., by preparing an Environmental Assessment (“EA”) instead of an Environmental Impact Statement (“EIS”) and by considering only two alternatives — the proposed Jimtown Project and a “no action” alternative. In addition, Native Ecosystems claims the Forest Service violated the National Forest Management Act (“NFMA”), 16 U.S.C. § 1600 et seq., because the project threatens the forest-wide viability of the northern goshawk. We affirm.

background

The Helena National Forest encompasses nearly one million acres in western Montana. The Forest…