Usfs

MEMORANDUM

After the Forest Service issued a Record of Decision and Final Environmental Impact Statement (“EIS”) for the Pilgrim Vegetation Management Project, plaintiffs Conservation Congress and Klamath Forest Alliance brought this action under the National Forest Management Act (“NFMA”). The district court initially enjoined the Forest Service from proceeding with the project. See Conservation Cong. v. U.S. Forest Serv., 555 F.Supp.2d 1093 (E.D.Cal.2008). In response, the Forest Service prepared a Final Supplemental EIS to address the deficiencies in the Final EIS, then moved under Federal Rule of Civil Procedure 60(b)(5) to dissolve the injunction. The district court granted this motion, and plaintiffs timely appeal.

We may set aside agency decisions under the NFMA only if they are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” Lands Council v. McNair, 537 F.3d 981, 987 (9th Cir.2008) (en banc) (internal quotation marks omitted), overruled on other grounds by Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 22 , 129 S.Ct. 365 , 172 L.Ed.2d 249 (2008). “[E]ven when an agency explains its decision with less than ideal clarity, a…