ELR Citation: 51 ELR 20194
No(s). 6:21-cv-1227-MC and. 6:21-cv-1228-MC (D. Or. Nov 5, 2021) (McShane, J.)

A district court granted environmental groups' motion to preliminarily enjoin a logging project in the Willamette National Forest in areas affected by wildfires. The groups argued the Forest Service could not use the road repair and maintenance categorical exclusion (CE) to avoid NEPA review of the project, which authorized the felling of "danger" trees along 400 miles of forest roads. The court found that utilizing commercial logging operations to fell trees that have little likelihood of imminent failure to ensure that forest roads are clear during potential future wildfires was beyond the scope of the CE, and thus that the Service must prepare an EA or an EIS. It therefore granted the groups' motion for preliminary injunction.