ELR Citation: ELR 20029
No(s). 08-1978 (1st Cir. Feb 6, 2009)

The First Circuit upheld the U.S. Forest Service's approval of two forest resource management projects in the White Mountain National Forest. In 2007, the courts enjoined the Forest Service's 2005 National Forest Management Act (NFMA) rules. Because the 2005 NFMA rules no longer applied, the Forest Service applied its 2000 rules to the projects. An environmental group filed suit challenging the projects, arguing that the Forest Service's 1982 NFMA rules applied to the projects rather than the less strict 2000 rules. But the Forest Service did not err by applying the "best available science" standard set forth in its 2000 NFMA rules. The group failed to explain why the outcome would change if the 1982 rules were applied, and the Forest Service's reading of the transition provision set forth in the 2000 rules is reasonable. Nor did the group's arguments undermine the Forest Service's finding of no significant impact for the projects. The Forest Service's environmental assessment (EA) discussion makes clear that it considered all of the arguable categories of harm, such as visual effects, noise, soil effects, impact on wildlife, road and bridge construction or maintenance, and impact on watershed. The EA also addressed and answered claims concerning precedential significance, impact on wilderness designation, and the impact of the roadless rule.