Kimbell

Ecology Center v. Kimbell

Good Law
143 F. App'x 793
United States Court of Appeals for the Ninth CircuitAugust 10, 2005No. 04-35425California1,441 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiffs Ecology Center, Inc. and Native Ecosystem Council (collectively “Ecology Center”) appeal summary judgment entered in favor of the Forest Service. Ecology Center argues that the Forest Service’s approval of the Dry Fork Vegetation Restoration Project for the Lewis and Clark National Forest violated the National Environmental Policy Act, 42 U.S.C. § 4321 et seq. (“NEPA”) and the National Forest Management Act, 16 U.S.C. § 1601 et seq. (“Forest Act”).

We review summary judgments de novo. “Judicial review of agency decisions under [the Forest Act] and NEPA is governed by the Administrative Procedure Act (‘APA’), which specifies that an agency action may be overturned only where it is found to be *795 ‘arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.’ ” Neighbors of Cuddy Mountain v. Alexander, 303 F.3d 1059, 1065 (9th Cir.2002) (quoting 5 U.S.C. § 706 (2)(A)).

We conclude that the Forest Service acted arbitrarily and capriciously in approving the Dry Fork Vegetation Restoration Project for the Lewis and Clark National Forest. The Forest Service has failed to demonstrate that the project is consistent with the forest…

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