ELR Citation: ELR 20224
No(s). 06-35214 (9th Cir. Nov 6, 2006)

The court reversed a lower court decision upholding the Bureau of Land Management's (BLM's) annual species review decisions for the red tree vole and its approval of certain timber sales in the Pacific Northwest. BLM's annual species review decisions for the red tree vole violate the Federal Land Policy and Management Act because the dramatic change in policy regarding the vole's "survey and manage" designation cannot be reasonably defined as anything other than a change in a "term or condition" in the associated resource management plans. Similarly, BLM's failure to conduct an environmental review of these decisions violates the National Environmental Policy Act. And because the timber sales were premised on those unlawful decisions, they too violate federal law and must be enjoined.