Heath
Bear Creek Council v. Heath
Opinion
Lead Opinion
MEMORANDUM **
In Native Ecosystems Council v. Dombeck, 304 F.3d 886, 896, 901-02 (9th Cir. 2002), the Ninth Circuit affirmed the challenged timber sale on all counts except for two specific deficiencies:
(1) analyze “what, if any, environmental impacts the Darroch-Eagle road density amendment might have in combination with the contemplated road density amendments in the other Gallatin II sales” and
(2) “provide support for its choice of analysis area” used “to address the effects of the Darroch-Eagle timber sale on the grizzly bears[.]”
On remand, the Forest Service undertook to comply "with the Ninth Circuit’s instructions by analyzing the cumulative impacts of the road density amendments and by expanding and providing support for the grizzly bear analysis area.
Bear Creek Council does not challenge the Forest Service’s cumulative impacts analysis of the road density amendments; nor does it challenge the expanded area or the Forest Service’s conclusions regarding the analysis of this area. 1 Rather, Bear Creek Council launches several general attacks that do not address the issue of whether the Forest Service’s decisions were arbitrary and capricious.