ELR Citation: ELR 20023
No(s). 90-15389 (9th Cir. Sep 13, 1990)

The court holds that a challenge to a fire-recovery timber sale in the Klamath National Forest under the National Environmental Policy Act is not barred from judicial review by §312 of the 1989 continuing budget resolution and that claims that the Forest Service violated California water quality standards are permissible under the Administrative Procedure Act (APA). Section 312 bars challenges to Forest Service Timber Management Plans on the sole basis that the plan in its entirety is outdated, but permits challenges to particular activities to be carried out under existing plans. The court holds that §312 does not bar the action because the environmental groups challenge the sale on the narrow grounds that the area is a significant biological corridor between two wilderness areas. The court holds that the environmental impact statement (EIS) fails to take a hard look at an alternative involving selected salvage and harvest in the affected area. The court holds that the California North Coast Water Quality Control Board's failure to criticize the Draft EIS does not bar the action under the Federal Water Pollution Control Act because the APA allows suits against alleged water quality control violations from nonpoint sources. Environmental groups properly challenged the final EIS' interpretation of state water quality objectives.

Counsel for Plaintiffs-Appellants
Nathaniel S.W. Lawrence, David B. Edelson
Natural Resources Defense Council
25 Kearney St., San Francisco CA 94108
(415) 421-6561

Counsel for Defendants-Appellees
Edmund F. Brennan, Ass't U.S. Attorney
3305 U.S. Courthouse, 650 Capitol Mall, Sacramento CA 95814
(916) 551-2700