Southern Oregon Citizens Against Toxic Sprays, Inc. v. William P. Clark

720 F.2d 1475 20 ERC 1001 , 14 Envtl. L. Rep. 20 ,061 SOUTHERN OREGON CITIZENS AGAINST TOXIC SPRAYS, INC., Plaintiff-Appellee and Cross-Appellant, v. William P. CLARK * , Secretary of the Interior, et al., Defendants- Appellants and Cross-Appellees. Nos. 83-3562, 83-3655. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 9, 1983. Decided Dec. 2, 1983. Michael Jewett, Jacobson & Jewett, Ashland, Or., for plaintiff-appellee and cross-appellant. Albert M. Ferlo, Jr., Dept. of Justice, Washington, D.C., for defendants-appellants and cross-appellees. Appeal from the United States District Court for the District of Oregon. Before WRIGHT, GOODWIN, and BOOCHEVER, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 This case requires that we determine the adequacy of the environmental analysis performed by the Bureau of Land Management of the Department of the Interior for its herbicide spraying program in Oregon forests. The district court found that considerable scientific uncertainty existed as to the safe level of exposure to the herbicides used. It enjoined the BLM from further spraying until it performs a "worst case analysis" under 40 C.F.R. Sec. 1502.22. 2…