Usfs

Tongass Conservation Society v. United States Forest Service

Good Law
455 F. App'x 774
United States Court of Appeals for the Ninth CircuitOctober 27, 201110-35904California2,414 words

Opinion

Opinion

MEMORANDUM

Tongass Conservation Society (“TCS”), Greenpeace, Inc., and Cascadia Wildlands (referred to collectively as TCS) appeal from the district court’s grant of summary judgment in favor of the United States Forest Service (“Forest Service”). TCS sought to enjoin the Logjam Project which provides for the logging of 3,422 acres of predominately old growth forest and the construction of 22 miles of temporary roads in the Tongass National Forest on Prince of Wales Island, Alaska. TCS previously sought and was denied preliminary injunctive relief by the district court and the Ninth Circuit. See Tongass Conservation Soc. ’y v. U.S. Forest Serv., 385 Fed.Appx. 708 (9th Cir.2010). In granting summary judgment to the Forest Service, the district court relied in large part on the Ninth Circuit’s memorandum disposition denying preliminary relief. TCS argues on appeal that the district court should not have deferred to the Ninth Circuit’s disposition and that the Forest Service failed to give the requisite “hard look” to several aspects of the Logjam Project. We affirm. Regardless of the degree of deference owed to our prior decision, TCS has failed to show that the Final Environmental…

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