Glickman

Northcoast Environmental Center v. Glickman

Good Law
136 F.3d 660·1998 WL 61339
United States Court of Appeals for the Ninth CircuitFebruary 17, 1998No. 96-17074California5,089 words

Opinion

Lead Opinion

Wood, J.

Northcoast Environmental Center (“NEC”), 1 along with several other environmental organizations, brought suit against the Secretaries of the Departments of Agriculture and Interior (collectively the “Secretaries”) claiming the respective Secretaries failed to comply with the requirements of the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq. Plaintiffs claim that NEPA requires the Secretaries to prepare a programmatic environmental impact statement (“EIS”), or at least an environmental assessment (“EA”), for their inter-ageney Port-Orford cedar (“POC”) management plan. Plaintiffs also seek to enjoin logging restrictions and road closings within several Pacific Northwest forests containing stands of POC until the defendant Secretaries comply with their NEPA obligations and prepare an EIS. Finding there was no “final agency action” or, if there was, the action did not impact the environment, the district court granted defendants’ motion for summary judgment and plaintiffs appealed. Because we agree with the district court, that there was no final agency action and that the POC management documents do not constitute major federal action affecting the environment,…

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