Allen
League of Wilderness Defenders Blue Mountains Biodiversity Project v. Allen
Opinion
Lead Opinion
Smith, J.
The League of Wilderness Defenders-Blue Mountains Biodiversity Project, Cascadia Wildlands Project, and the Sierra Club (collectively, the Conservation Groups, or Groups) brought suit against John Allen, Forest Supervisor of the Deschutes National Forest, and the U.S. Forest Service (collectively, the Forest Service), alleging that the Five Buttes Project (Project) violates the National Forest Management Act (NFMA) and the National Environmental Policy Act (NEPA). The district court agreed, and granted summary judgment and an injunction in favor of the Conservation Groups. The Forest Service appeals.
We reverse, vacate the injunction, and remand with directions to the district court to grant summary judgment in favor of the Forest Service.
FACTS AND PRIOR PROCEEDINGS
1. The Northwest Forest Plan
The NFMA, 16 U.S.C. §§ 1600-1614 , describes the statutory framework and requirements under which the Forest Service must manage National Forest System lands. The NFMA requires the Forest Service to develop a forest plan for each unit of the forest system, id. § 1604(a), and all subsequent agency actions must be consistent with the governing plan, id. § 1604(i). As required by the…
Dissenting Opinion
Paez, J.
dissenting:
I respectfully dissent.
Today, in direct conflict with the North West Forest Plan’s (NWFP) Standards and Guidelines, the majority reverses a grant of summary judgement to the League of Wilderness Defenders, vacates a limited injunction, and permits logging of large trees on 618 acres in the protected Davis Late Successional Reserve (or LSR). The Davis LSR provides habitat for the threatened northern spotted owl. The U.S. Forest Service argues that the project is necessary to ensure the long-term survival of the Davis LSR and to reduce risks from wildfire and insect infestation. The Forest Service, however, gives no meaningful (or consistent) assessment of the actual risk to the Davis LSR of destruction by wildfire or insect infestation. Therefore, any reduction in the risk of destruction by wildfire or bug kill is never weighed as required by the NWFP against the sure cost of cutting inside this ancient forest. Nonetheless, the majority holds that the Forest Service decision to approve this project is consistent with the NWFP’s Standards and Guidelines. Because I agree with the district court that the Five Buttes Project does not comport -with the NWFP and therefore…