ELR Citation: ELR 20217
No(s). 04-35936 (9th Cir. Oct 19, 2005)

The court holds that §407 of the Flathead and Kootenai National Forest Rehabilitation Act does not violate the separation-of-powers doctrine. Under §407, timber sales can be implemented as long as each project area retains 10% designated old growth below 5,500 feet. Nothing in §407 directs particular findings of fact or the application of old or new law to fact. It does not direct that the district court find that 10% old growth exists, but instead declares that the statutory requirements for timber sales are met if there exists 10% old growth in the areas projected for logging. It is still the district court that determines whether there is 10% old growth on the project areas at issue. Thus, because §407 changed the underlying law relating to old growth standards for timber sales in the Kootenai National Forest and did not impermissibly direct findings, it does not violate the separation-of-powers doctrine.