ELR Citation: ELR 20169
No(s). 09-1672 (7th Cir. Jun 29, 2010)

The Seventh Circuit affirmed a lower court decision dismissing an environmental group's suit challenging the U.S. Forest Service's EIS for a timber sale in the Chequamegon-Nicolet National Forest in northern Wisconsin. The group argues that the EIS failed to describe the reasonably foreseeable cumulative effects of another proposed timber sale, known as the "Twin Ghost" project. But at the time the EIS was being prepared, the Twin Ghost project was too nebulous to be discussed in any meaningful way. An agency decision may not be reversed for failure to mention a project not capable of meaningful discussion. So while some notice of Twin Ghost in the EIS would have improved the document, it is not a substantial enough ground to invalidate the EIS and start over.