ELR Citation: ELR 20749
No(s). 87-2749 (9th Cir. Apr 5, 1988)

The court holds that the Forest Service violated the National Environmental Policy Act by not preparing an environmental impact statement in connection with timber sale contracts in a national forest where giant sequoia redwood trees are located. The court holds that the proposed timber sales, which would involve removing all vegetation except the giant sequoias themselves, may significantly affect the environment. Logging in giant sequoia groves may be highly controversial, since some biologists dispute the Forest Service's conclusion that this logging method would enhance sequoia regeneration. Plaintiffs have also demonstrated that there may be highly uncertain or unknown risks to giant sequoia regeneration as a result of the clearcutting. Additionally, plaintiffs' witnesses testified to potential cumulative adverse impacts on wildlife, watersheds and soils, forest recreational and aesthetic qualities, and fisheries. Finally, the record indicates that logging may increase turbidity so as to violate California's water quality standards. The court holds that plaintiffs are entitled to a preliminary injunction halting further logging.

Counsel for Plaintiff-Appellant
Ralph A. Bradley
Bradley & Gordon
1397 Willamette St., Eugene OR 97401
(503) 343-8247

Counsel for Defendants-Appellees
Anne S. Almy
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-4427

Counsel for Defendant-Intervenors-Appellees
Michael E. Haglund
Lindsay, Hart, Neil & Weigler
Suite 1800, 222 SW Columbia St., Portland OR 97201-6618
(503) 226-1191

Before Goodwin and Nelson, JJ.