American Whitewater v. United States Forest Service

ELR Citation: 55 ELR 20145
No(s). 24-6402 (9th Cir. Oct 17, 2025)

In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the Forest Service in a challenge to its approval of a project to cut down trees burned by wildfires on national forest land in 2020 and 2021. Environmental groups argued the Service violated NEPA when it approved the project. A district court disagreed and granted summary judgment for the Service. The appellate court found the Service analyzed a reasonable range of alternatives in the project's EAs and took a "hard look" at likely impacts on wildlife, including the northern spotted owl, cumulative effects, and likely impacts on rivers protected by the Wild and Scenic Rivers Act. It affirmed summary judgment for the Service.

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