ELR Citation: 53 ELR 20069
No(s). 1:22-cv-01500-CL (D. Or. Apr 27, 2023) (Clarke, J.)

A magistrate judge recommended that the Forest Service's motion to dismiss be denied in a challenge to a proposed logging project in the Fremont-Winema National Forest. An environmental group argued the Service violated the National Forest Management Act and the APA by failing to provide an adequate explanation or objection process for amending the forest's land management plan, which previously prohibited timber sales of trees greater than 21 inches in diameter, to allow for sale of trees up to 30 inches in diameter. The Forest Service moved to dismiss for failure to state a claim. The magistrate judge found that the under secretary's signature on the decision notice regarding the amendment did not exempt the Service from the objection process, and that its explanation was inadequate because it misstated the requirements for plan amendments that were not subject to objection. He recommended that the Forest Service's motion be denied.