ELR Citation: 51 ELR 20143
No(s). 1:21-cv-01041-DAD-BAM (E.D. Cal. Jul 23, 2021) (Drozd, J.)

A district court granted a temporary restraining order in a lawsuit concerning the Forest Service's authorization of a tree removal and timber sale project in the Sequoia National Forest. Environmental groups argued the Service violated NEPA by relying upon a categorical exclusion that covered road repair and maintenance, and sought a temporary restraining order. The court found that the scope of the project appeared to be far broader than the limitations delineated in the categorical exclusion, such that the project would likely necessitate either an EA or EIS to comply with NEPA. It therefore restrained and enjoined the Forest Service from felling any trees in the project area, except for those that would imminently fall.