Rittenhouse

Dissenting in Part:

Because the Lightning Ridge timber sale does not violate the National Forest Management Act (NFMA), 16 U.S.C. §§ 1600-1687 (2000), I respectfully dissent from the majority’s discussion of the Lightning Ridge sale under NFMA and its judgment blocking that sale. I join in the remainder of the opinion and judgment.

As the majority opinion explains, wildlife habitat in the Boise National Forest must be “managed to maintain viable populations of existing native and desired nonnative vertebrate species.... ” 36 C.F.R. § 219.19 (2000); see also 16 U.S.C. § 1604 . The Forest Service’s 1996 Monitoring Report for the Boise National Forest found that this requirement was not being met for certain old growth species, namely the pileated woodpecker, lynx, wolverine, fisher, boreal owl, goshawk, flammulated owl, and white-headed woodpecker.

But in preparing its Environmental Assessment for Lightning Ridge, the Forest Service found, and the plaintiffs failed to contradict, that timber harvesting in Lightning Ridge will not deplete the habitat of the pileated woodpecker, lynx, wolverine, fisher, boreal owl, goshawk, flam-mulated owl, or white-headed woodpecker. Habitat for…

Opinion by Judge D.W. NELSON; Dissent by Judge DAVID R. THOMPSON.

Plaintiffs Idaho Sporting Congress, Inc. and Alliance for the Wild Rockies (collectively “Conservation Groups”) brought suit against the United States Forest Service (“Forest Service”) to enjoin two timber sales (“Lightning Ridge sale and Long Prong sale”) in the Boise National Forest (“Forest”) for violation of the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 ^1370f, and for violation of the National Forest Management Act (“Forest Act”), 1 16 U.S.C. §§ 1600-1687 . *961 The district court granted summary judgment in favor of the Forest Service on all claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 . For the reasons stated below we affirm in part and reverse in part. We remand to the district court with instructions to enjoin the Long Prong and Lightning Ridge timber sales consistent with this opinion.

I. Background and Procedural History

A. The Boise National Forest

The Forest covers approximately 2,272,-000 acres in west-central Idaho, north and east of the capital city of Boise. Many free-flowing streams with outstanding wild, scenic, and recreational values traverse the Forest,…