ELR Citation: ELR 20400
No(s). 88-1415 G(CM) (S.D. Cal. Nov 1, 1989)

The court upholds the Forest Service's Land and Resource Management Plan (LRMP) and environmental impact statement (EIS) for the Cleveland National Forest under the National Forest Management Act (NFMA) and National Environmental Policy Act (NEPA). The court holds that the LRMP gives due consideration to recreation, wilderness, and grazing. The court holds that the computer model underlying the LRMP is entitled to substantial deference, and that plaintiff failed to present evidence that use of the model was unwise. The court holds that the LRMP was properly coordinated with other agencies. Holding that the plaintiff's vagueness challenge to the NFMA and certain implementing regulations is timely, the court holds the challenge has no merit. Finally, the court holds that the EIS is adequate under NEPA. The EIS adequately considered the LRMP's effects on outdoor recreation and wildlife. The court also holds that the Forest Service used adequate methodology to prepare the EIS and adequately responded to public comment.

Counsel for Plaintiff
Montague D. Griffin
2034 Upas St., San Diego CA 92104
(619) 291-3633

Counsel for Defendant
Stephen Petix
U.S. Courthouse, 940 Front St., Rm. 5-N-19, San Diego CA 92189-0150
(619) 557-5610