ELR Citation: ELR 20498
No(s). 91-35790 (9th Cir. Nov 19, 1992)

The court holds that environmental groups' challenge to the U.S. Forest Service's approval of the Augur Timber Sale in the Fremont National Forest in Oregon is moot. The court first notes that while this action was pending in the district court, an order, the result of the groups' administrative appeal, halted the sale and directed the preparation of an environmental impact statement (EIS) in compliance with the National Environmental Policy Act. The court first holds that the Service's cancellation of the timber sale pending the preparation of the EIS for future sales is not a "voluntary cessation" within the meaning of the voluntary cessation doctrine because the cancellation resulted from the groups' successful administrative appeal. That doctrine states that voluntary cessation does not render a case moot unless the defendant can show a lack of a reasonable expectation of recurrence of the legal issue. The court also denies the groups' motion to supplement the record with the final EIS and the accompanying second Augur Timber Sale offering, both prepared during the pendency of this appeal. The EIS and sale offering present issues that should be considered in the first instance by a district court in separate litigation, which can develop an independent record.

Counsel for Plaintiffs/Appellants
Gary K. Kahn
Reeves & Kahn
610 SW Alder St., Ste. 910, Portland OR 97205
(503) 227-5144

Victor M. Sher
Sierra Club Legal Defense Fund
705 Second Ave., Ste. 203, Seattle WA 98104
(206) 343-7340

Counsel for Defendants/Appellees
Robert Klarquist
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before: GOODWIN and SCHROEDER, Circuit Judges, and KEEP, District Judge.^*