Kimbell

Alliance for Wild Rockies v. Kimbell

Good Law
310 F. App'x 106
United States Court of Appeals for the Ninth CircuitJanuary 21, 2009No. 06-36013California933 words

Opinion

Lead Opinion

MEMORANDUM *

This is a challenge to a decision of the United States Forest Service (“the Forest Service”) to approve, by Record of Decision after an Environmental Impact Statement and a Supplemental Environmental Impact Statement (“SEIS”), a site-specific project (“the Project”) in the Helena National Forest. The facts are known to the parties and are not repeated here, except as necessary to explain our decision.

I

Plaintiff-Appellants — Alliance for the Wild Rockies, National Ecosystems Council, and the Wildwest Institute (collectively, “Plaintiffs”) — first argue that the Project fails to ensure the viability of various species. Insofar as any of their challenges pertain to the underlying Forest Plan, we deem such challenges waived before the district court. See United States v. Olano, 507 U.S. 725, 731 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993) (“No procedural principle is more familiar ... than that a constitutional right, or a right of any other sort, may be forfeited [or waived] in ... civil cases .... ” (internal quotation marks omitted)).

Because Plaintiffs’ argument that the Project fails to ensure the viability of certain species groups is not specific to any…

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