ELR Citation: ELR 20094
No(s). 01-35898 (9th Cir. Sep 8, 2004)

The Ninth Circuit affirmed a lower court's dismissal of an environmental group's challenge to the validity of U.S. Forest Service timber sales under NEPA and the National Forest Management Act on res judicata grounds. The current complaint alleges the same causes of action stemming from the same nucleus of facts; thus, there exists an identity of claims. In addition, the earlier cases were dismissed with prejudice, constituting a final judgment on the merits. And although the parties are different, the prior and current litigants are in privity since the interests and relief sought are identical.

[A prior decision in this litigation is published at 32 ELR 20046.]