McNair

The Lands Council v. McNair

Good Law
United States Court of Appeals for the Ninth CircuitJuly 2, 200807-35000California12,888 words

Opinion

Opinion

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Mission Brush Area

The Mission Brush Area (or Project Area) encompasses approximately 31,350 acres and is located in the northeastern portion of the Bonners Ferry Ranger District. Approximately 16,550 acres of the Project Area are National Forest System lands, which are home to a variety of species (or their habi- tats), including the northern gray wolf, Canada lynx, grizzly bear, black-backed woodpecker, flammulated owl, fisher, western toad, pileated woodpecker, and the white-tailed deer. The Project Area is also home to old-growth trees.

The current structure and composition of the forest in the Project Area differs significantly from the forest’s historic 8238 LANDS COUNCIL v. MCNAIR composition. While the Project Area previously consisted of relatively open ponderosa pine and Douglas-fir stands, today it is crowded with stands of shade-tolerant, younger Douglas- firs and other mid-to-late-successional species. The suppres- sion of naturally occurring fires, past logging practices, and disease are primarily responsible for this shift in forest com- position.

The increased density of trees has proven deleterious to…

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