ELR Citation: ELR 20046
No(s). 01-3056-HO (D. Or. Jul 26, 2001)

The court holds that res judicata bars an environmental group's suit against the U.S. Forest Service for allegedly failing to comply with the National Environmental Policy Act (NEPA), the National Forest Management Act (NFMA), and the Administrative Procedure Act in preparing timber sales in the Rogue River National Forest in Oregon. A previous suit challenging the sales had been dismissed with prejudice pursuant to a settlement. Soon thereafter, a second suit was filed challenging the sales. Because the issues had previously been raised in the settlement, the court held that res judicata barred the suit and dismissed it with prejudice pursuant to the settlement. The group then filed the instant suit. The court first holds that res judicata bars the instant suit. The group filed the instant suit, containing virtually identical claims as those in the second suit, three days after the second suit's dismissal. Under a res judicata analysis, the dismissal of an action with prejudice pursuant to a settlement agreement constitutes a final judgment on the merits and precludes a party from reasserting the same claim in a subsequent action. Further, there is an identity of claims because all three suits seek the same relief for the same alleged violations. Moreover, although the plaintiffs in the instant suit were not the named plaintiffs in the first and second suits, they were sufficiently in privity with those plaintiffs because their stated interests of requiring the Forest Service to comply with NEPA and the NFMA are the same. Thus, the court dismisses the instant case.

Counsel for Plaintiffs
Charles M. Tebbutt
Western Environmental Law Center
485 E. 13th Ave., Eugene OR 97401
(541) 485-2471

Counsel for Defendant
Sylvia Liu
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Hogan, J.: