Wilson

Wilson v. Turner

Good Law
257 F. App'x 55
United States Court of Appeals for the Ninth CircuitNovember 15, 2007No. 05-17304California672 words

Opinion

Lead Opinion

MEMORANDUM *

Richard and Jean Wilson and others appeal the district court’s grant of sum *57 mary judgment in favor of the United States Forest Service and two of its officials. The appellants argue that the Forest Service was required to complete an environmental impact statement—not just an environmental assessment—for its proposed creation of the “Peaks Segment” of the Arizona Trail. The Arizona Trail is a long-distance trail stretching across Arizona from Mexico to Utah The segment at issue would be a dirt path about 15 miles long and two feet wide. The appellants also argue that the Forest Service’s choice of the trail route was arbitrary and capricious.

The National Environmental Policy Act requires the Forest Service to prepare an environmental assessment to determine whether the proposed Peaks Segment “significantly affects” the environment. 40 C.F.R. § 1501.3 (a). The Forest Service must take a hard look at the environmental impact and provide a “convincing statement of reasons” that explain why that impact is not significant. Blue Mountains Biodiversity Project v. Blackwood, 161 F.3d 1208, 1212 (9th Cir.1998). A more detailed environmental impact statement is required…

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