National Audubon Society v. U.S. Forest Service

At issue is a challenge to four timber sales — the Ace, Butch, Varmit and Head timber sales — on unroaded and undeveloped areas of the Rogue River National Forest in Oregon. The United States Forest Service, Bill Christie Jr., and Huffman and Wright Logging Co. appeal the district court’s order permanently enjoining these timber sales pending completion of an environmental impact statement (“EIS”). The National Audubon Society and other environmental organizations (“Audubon Society”) seek .attorneys’ fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (1988) (“EAJA”). We have jurisdiction under 28 U.S.C. § 1291 (1988), and we affirm in part, reverse in part, and remand the case to the district court-with directions to review the Forest Service’s actions under the “arbitrary and capricious” standard.

I

FACTS

Through the Wilderness Act of 1964, Congress created the National Wilderness Preservation System (“Wilderness System”) to provide protection for lands relatively untouched by human activity. See 16 U.S.C. § 1131 (1976). Under this Act, the Department of Agriculture is directed to recommend “primitive” areas which should be added to wilderness areas created on…