ELR Citation: 54 ELR 20157
No(s). 23-3049 (9th Cir. Nov 18, 2024)

In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its approval of a 40,000-acre logging project in Malheur National Forest. An environmental group argued the Service violated NEPA by failing to adequately assess cumulative impacts, failing to prepare an EIS, and preparing a supplemental information report (SIR) rather than a supplemental EA or EIS. The court found the Service's decision to use different geographic scopes when assessing cumulative impacts on different resources and wildlife was based upon reasoned "application of scientific methodology," that an EIS was not required, and that the analysis in the SIR of new projects in the forest that were approved subsequent to the EA was proper because the impact would not be significantly different from those already considered. It also held the Service did not violate the National Forest Management Act by adopting site-specific amendments that apply to the project area rather than forest-wide amendments.