Earth Island Institute v. United States Forest Service

ELR Citation: 53 ELR 20189
No(s). 22-16751 (9th Cir. Dec 7, 2023)

The Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its approval of a logging project in Inyo National Forest. Environmental groups argued the Service failed to adequately consider alternatives, failed to solicit public comments following its 2018 EA, and failed to supplement its NEPA analysis following a 2020 bark beetle outbreak and subsequent abatement project. The court found the Service considered a reasonable range of alternatives, offered the public a reasonable opportunity to comment, and was not required to conduct further NEPA analysis following the outbreak. It affirmed summary judgment for the Service.

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