ELR Citation: ELR 20371
No(s). A-16-70 (D. Alaska May 6, 1974)

A wildlife report showing that a proposed timber harvest in Alaska would cause serious ecological damage constitutes newly-discovered evidence according to Rule 60(b)(2) of the Federal Rules of Civil Procedure and is grounds for a new trial on whether such harvesting should be allowed, the Federal District Court for the District of Alaska holds. The Ninth Circuit Court of Appeals, in remanding the case, held that the report is relevant and should be considered, thereby resolving the issue of admissibility for the purpose of deciding upon a motion for a new trial. Defendant's assertion that the information contained in the report is not newly-discovered but was instead in the possession of the Forest Service at the time of the original trial and could have been discovered by the plaintiffs is inconsistent with the fact that the report compares the ideas considered by the Forest Service with other literature. The defenses of laches may not be invoked as a bar to the multiple use claim, since the Ninth Circuit held that laches involves a balancing of equities that here entitles the plaintiffs, who are asserting a public grievance of substantial dimensions and have acted promptly in bringing forward new material, to a new trial. The motion for a new trial is granted to determine whether the Forest Service (1) knew of the ecological consequences of the harvesting plan, (2) considered all available material, and (3) considered possible alternatives.

Counsel for Plaintiffs
Warren W. Matthews
429 D. Street, Suite 201
Anchorage, AK 99501

Angus MacBeth
Natural Resources Defense Council, Inc.
15 W. 44th Street
New York, NY 10036

Bruce Terris
1908 Sunderland Place, NW
Washington, DC 20036

James W. Moorman
311 California Street, Suite 311
San Francisco, CA 94104

Counsel for Defendants
G. Kent Edwards
U.S. Attorney, State of Alaska
Anchorage, AK 99510

Frederick L. Miller
Land and Natural Resources Division
U.S. Department of Justice
Washington, DC 20530

Donald R. Stemp
Assistant Attorney General, State of Alaska
Anchorage, AK 99510