United States v. 0.95 Acres of Land, United States of America v. 12.84 Acres of Land

This case presents us with a question of jurisdiction disguised as an environmental claim. The United States Forest Service commenced two takings actions in federal district court. To prevent the taking of their land, landowners invoked the National Environmental Policy Act, 42 U.S.C. § 4321 et seq. (“NEPA”), as a defense to condemnation. The landowners claimed that the change in land title was a major federal action requiring full NEPA compliance. The district court agreed and vacated the declarations of taking. The Forest Service appeals; we reinstate title in the government.

I

The Tenday Timber Sale sits within the Snoqualmie National Forest, administered as part of the Wenatchee National Forest near Yakima, Washington. The Tenday Timber Sale had been evaluated in a 1986 Environmental Assessment (“EA”) prepared under NEPA. The EA ended in a Finding of No Significant Impact, a finding that meant no Environmental Impact Statement (“EIS”) was required for the timber sale.

The United States Forest Service advertised and sold the Tenday Timber Sale to the Hakai Timber Company. Award of the eon-tract was delayed until the Forest Service acquired access. In this area, sections of…