Forsgren

Appellees Harv Forsgren and the United States Forest Service (“Forest Service”) have underway a program of annual aerial insecticide spraying over 628,000 acres of national forest lands in Washington and Oregon. The spraying is aimed at controlling a predicted outbreak of the Douglas Fir Tussock Moth (“Moth”), which kills Douglas Fir trees.

Appellants League of Wilderness and seven other environmental groups (“Environmental Groups”) filed suit in district court challenging the spraying program. They assert that the Environmental Impact Statement (“EIS”) prepared by the Forest Service was inadequate and that the Forest Service failed to obtain a National Pollution Discharge Elimination System permit (“NPDES permit”), which the Environmental Groups argue is required for this type of aerial spraying. The district court granted summary judgment on the EIS and NPDES claims in favor of the Forest Service. The Environ *1183 mental Groups appeal on both issues. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we reverse with instructions to the district court to enter an injunction prohibiting the Forest Service from further spraying until it acquires an NPDES permit and…