ELR Citation: ELR 20224
No(s). 09-35094 (9th Cir. Aug 13, 2010)

The Ninth Circuit reversed and vacated a lower court decision enjoining the U.S. Forest Service from certain logging activities in the Deschutes National Forest. The Forest Service sought to reduce the risk of fire and disease in a portion of the forest that was reserved for conservation and provided habitat for the northern spotted owl. As part of this project, the Service planned to thin some of the trees in the area. Although some habitat would be degraded in the short term, the Service believed this was the best option for the overall long-term health of the forest. Conservation groups filed suit under the National Forest Management Act (NFMA) and NEPA, and the lower court found in their favor. But the Forest Service complied with the NFMA. The groups failed to demonstrate that the Forest Service made a clear error of judgment in determining that the proposed treatments conformed with the applicable forest plan, or that the decision to implement its chosen alternative was arbitrary or capricious. The Forest Service's alleged admissions about possible harms to the northern spotted owl actually describe the balancing of risks that the Forest Service was required to undertake. In addition, the Forest Service adequately considered the cumulative impact of past, present, and foreseeable future actions and sufficiently considered and responded to opposing scientific views under NEPA.