ELR Citation: ELR 20319
No(s). 3298 (W.D.N.C. Aug 31, 1970)

In an action for a preliminary injunction against timbering on a national forest, adjacent landowners allege that the Secretary of Agriculture abused his discretion when weighing the five uses established by the Multiple Use Act for managing national forests. The court, however, holds that a special report regarding the various uses of the area shows that the Secretary considered uses other than timber, and consideration is all that the Act requires. The landowners failed to meet their burden of proof, as they were not able to offer any evidence to show an abuse of discretion. An additional claim under the National Environmental Policy Act is rejected without discussion by the court. See also Sierra Club v. Hardin, 1 ELR 20161; Sierra Club v. Butz, 3 ELR 20292, and note 3 ELR 50017.

Counsel for Plaintiffs
Fleming, Robinson, & Bradshaw
1212 American Building
Charlotte, NC 28202

Counsel for Defendants
Keith S. Snyder United States Attorney
Asheville, NC 28801

Fred W. Harris, Jr.
United States Forest Service
1720 Peachtree Road, NW
Atlanta, GA 30309

Frederick L. Miller, Jr.
Department of Justice
Washington, DC 20530