Blackwood

Blue Mountains Biodiversity Project v. Blackwood

Good Law
161 F.3d 1208·42 Cont. Cas. Fed. 77,407·98 Daily Journal DAR 12223·1998 WL 828124·29 Envtl. L. Rep. (Envtl. Law Inst.) 20424
United States Court of Appeals for the Ninth CircuitDecember 2, 1998No. 98-35783California4,627 words

Opinion

Lead Opinion

Fletcher, J.

We are called upon to determine whether the United States Forest Service (“Forest Service”) could award a series of contracts for timber salvage sales in the Umatilla National Forest in eastern Oregon without preparing an Environmental Impact Statement (“EIS”) for the largest project and without evaluating the cumulative effects of multiple sales proposed in an area burned by a large wildfire. The Blue Mountains Biodiversity Project, Blue Mountain Native Forest Alliance, Society Advocating Natural Ecosystems, and Cascadia Fire Ecology Education Project (collectively “BMBP”) contend that the Forest Service’s decision to proceed using an Environmental Assessment instead of a more comprehensive EIS violated the National Environmental Policy Act. The district court denied plaintiffs’ motion for summary judgment and permanent injunction and granted the Forest Service’s cross-motion for summary judgment. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse and remand with instructions that the Forest Service prepare an EIS.

FACTUAL AND PROCEDURAL BACKGROUND

The Umatilla National Forest, east of Uki-ah, Oregon, includes a portion of the Blue Mountain Range that extends from…

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