ELR Citation: ELR 20089
No(s). 07-35054 (9th Cir. Apr 17, 2009)

The Ninth Circuit upheld the U.S. Forest Service's approval of nine timber sale and restoration projects in Montana's Kootenai National Forest. The Forest Service complied with the substantive requirements of the National Forest Management Act and the associated forest plan. Conservation groups challenged the Forest Service's determination that maintaining old growth levels of 10% below 5,500 feet was sufficient to support viable populations of dependent species. But the Service established the 10% standard based on reasoned analysis of the best available science, and the groups failed to indicate any scientific information directly undermining the conclusion that 10% old-growth levels are insufficient. The groups also challenged the Forest Service's designation of tree stands smaller than 50 acres as old growth habitat. But the 50-acre requirement, which is set forth in an appendix to the forest plan, is not mandatory. In addition, the Service's designations of old growth were proper, it engaged in extremely thorough analysis of habitat impact before approving the projects, and its use of best management practices to protect fisheries was proper. Last, the Forest Service adequately considered and disclosed the cumulative effects for purposes of the National Environmental Policy Act.