Thomas
Idaho Sporting Congress v. Thomas
Opinion
Lead Opinion
Fletcher, J.
The Idaho Sporting Congress (“ISC”) and American Wildlands challenge a decision by the United States Forest Service (“Forest Service”) to sell timber in the Miners Creek and West. Camas Creek watersheds without producing an Environmental Impact Statement (“EIS”) and without addressing the requirements of the Idaho water quality anti-degradation statute. Relying on 1985 and 1990 water quality reports, the Forest Service prepared an Environmental Assessment (“EA”) in lieu of an EIS. ISC contends that the Forest Service’s actions violate the National Environmental Policy Act (“NEPA”), the National Forest Management Act (“NFMA”), and the Clean Water Act (“CWA”). The district court denied ISC’s motion for summary judgment and granted the Forest Service’s cross-motion for summary judgment. This court has jurisdiction pursuant to 28 Ü.S.C. § 1291. We reverse and instruct the Forest Service to prepare an EIS.
FACTUAL BACKGROUND
This litigation concerns the proposed sale of timber by the Forest Service from the Miners Creek and West Camas Creek drain-ages in the, Targhee National Forest in southeastern Idaho. The proposed Miners Creek timber sale consists of 3.1 million board feet of…