Pearson

MEMORANDUM **

Clark Pearson appeals pro se the district court’s summary judgment for Bradley E. Powell in Pearson’s action alleging that the Unites States Forest Service (“USFS”) violated the National Environmental Policy Act and the Endangered Species Act (“ESA”) by initiating the Upper Slate Defensible Fuel Profile Zone Project (“Upper Slate Project”) without first issuing an Environmental Impact Statement (“EIS”) and consulting with the Fish and Wildlife Service (“FWS”). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review summary judgment de novo, Wetlands Action Network v. United States Army Corps of Eng’rs, 222 F.3d 1105 , 1114 (9th Cir.2000), and we affirm.

The USFS’ decision to issue a “finding of no significant impact” (“FON-SI”), rather than prepare an EIS, for the Upper Slate Project was not arbitrary or capricious because the environmental assessment incorporated by reference other EISs that discussed the potential impact of construction in the area, see Inland Empire Pub. Lands Council v. United States Forest Serv., 88 F.3d 754 , 757 (9th Cir. 1996), and the agency’s mitigation plans rendered adverse effects insignificant, see Wetlands Action Network, 222…