Native Ecosystems Council v. United States Forest Service

MEMORANDUM *

Native Ecosystems Council and other advocacy groups (collectively, “Native Ecosystems”) appeal the district court’s grant of summary judgment in this APA review case. Native Ecosystems argues that the United States Forest Service’s decision to sell timber from the Helena National Forest is in violation of the National Forest Management Act (NFMA), 16 U.S.C. § 1601 et seq., and the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321 et seq.

We review de novo. Oregon Natural Resources Council v. Lowe, 109 F.3d 521, 526 (9th Cir.1997). When considering whether the agency’s decision was consistent with the Helena National Forest’s Forest Plan, as required by the NFMA, we must determine whether the agency’s actions were “arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706 (2)(A). See also Oregon Natural Resources Council, 109 F.3d at 526 . When reviewing the adequacy of an environmental impact statement, we ask whether the agency has taken a “hard look at a decision’s environmental consequences.” Id. (citations omitted). This review is “essentially the same” as review for abuse of discretion. Neighbors of…