Neighbors of Cuddy Mountain v. United States Forest Service

Plaintiffs seek to enjoin the sale of timber in the Cuddy Mountain area of Payette National Forest. They claim that the United States Forest Service (Forest Service), in determining whether such a sale could go forward, violated the National Forest Management Act (NFMA), 16 U.S.C. § 1600 et seq., and the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq. They appeal the district court’s grant of summary judgment in favor of the Forest Service, and appeal the district court’s decision to allow Boise Cascade Corporation to intervene as a defendant.

We have jurisdiction, 28 U.S.C. § 1291 , and we reverse and remand to the Forest Service.

I.

Plaintiffs seek to enjoin the Grade/Dukes timber sale in the Cuddy Mountain area of Payette National Forest (Payette) in Idaho. Plaintiffs are two not-for-profit groups, Neighbors of Cuddy Mountain and Idaho Sporting Congress (collectively, Neighbors), who seek to protect the environment in the Cuddy Mountain area. Neighbors challenges the Forest Service’s analysis of the potential environmental impacts of the sale, contending that the Forest Service faded to comply vrith the substantive requirements of the NFMA, and failed to…