ELR Citation: 56 ELR 20004
No(s). 1:22-cv-01007-MC (D. Or. Jan 13, 2026) (McShane, J.)

A district court on remand granted summary judgment for environmental groups in a lawsuit concerning the Forest Service's application of a categorical exclusion (CE) to three commercial projects for forest thinning in Fremont-Winema National Forest. The groups argued the Service violated NEPA and the APA in promulgating the CE and in applying it to the projects, and sought to have the CE set aside and the projects approved pursuant to it halted. The court initially found the groups' claims were time-barred, but the Ninth Circuit disagreed and remanded. On remand, the district court found the groups' claims were not time-barred because they suffered injury from a final agency decision within six years from filing suit, and that the Service failed to make the required findings that commercial thinning operations did not cause significant environmental effects when it promulgated the CE. It granted summary judgment for the groups, denied the Service's cross-motion, and set aside the CE and three project approvals.