Morrison

Friends of Southeast's Future v. Morrison

Good Law
153 F.3d 1059·1998 WL 556516
United States Court of Appeals for the Ninth CircuitSeptember 3, 1998Nos. 97-35157, 97-35346California5,177 words

Opinion

Lead Opinion

Scannlain, J.

We must decide whether the Forest Service violated both the National Environmental Policy Act and the National Forest Management Act in approving a timber sale on national forest lands in Alaska.

I

This litigation concerns proposed sales by the Forest Service of 67 million board feet of timber from the Ushk Bay area of the Ton-gass National Forest (“Forest”) in southeast Alaska.

The Forest is managed pursuant to the Tongass Land Management Plan (“Forest Plan”). The Forest Plan, issued in 1979, 1 divides the Forest into 867 value comparison units (“VCUs”), and classifies each VCU according to a land use designation (“LUD”). LUD I lands are wilderness. LUD II lands are managed in a roadless state, but some recreational facilities are allowed. LUD III lands are managed for a variety of uses, including timber harvesting. Finally, LUD IV areas are devoted mainly to resource use and development. The Ushk Bay Project Area consists of VCUs 279-81. VCU 279 is an LUD III area, while VCUs 280-281 are LUD IV areas.

The Forest Plan provides that the Forest Supervisor is responsible for conducting an “area analysis” to determine where and when logging will occur in the Forest. The Plan…

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