Center for Biological Diversity v. United States Forest Service

Appellants challenge the district court’s grant of summary judgment to Appellees, arguing that Appellees’ final environmental impact statement (“Final EIS” or “final statement” or “final impact statement”) violates the National Environmental Policy Act (“NEPA” or “the Act”), 42 U.S.C. § 4332 (2)(C) (1994), and 40 C.F.R. § 1502.9 (b) (1996) of the Act’s implementing regulations. Appellants’ claim derives from scientific opposition to Appellees’ conclusion that northern goshawks 1 are habitat generalists, upon which conclusion the final statement’s management recommendations rest. We have jurisdiction pursuant to 28 U.S.C. § 1291 (1994). Because the Final EIS fails to disclose responsible scientific opposition to the conclusion upon which it is based, as required by 40 C.F.R. § 1502.9 (b), we reverse and remand.

I. BACKGROUND

In light of rising concern over the impact of logging practices on the viability of the northern goshawk in the Southwestern Region of the United States, 2 on October 1, 1990, the Regional Forester of the United States Forest Service (the “Service” or “Forest Service”) created the Northern Goshawk Scientific Committee (the “Committee” or “Scientific…