ELR Citation: ELR 20830
No(s). 73-1477 (10th Cir. Sep 21, 1973)

The court reverses a district court ruling and enjoins performance of two timber sale contracts until the Forest Service files an environmental impact statement. The lower court erred in applying the Administrative Procedure Act standard of review to the agency's threshold determination that the sales did not constitute a major federal action significantly affecting the environment. In reviewing such determinations the court must find whether the decision is reasonable in light of the mandatory requirements and high standards set by §102 of NEPA. In view of these standards there is an overriding public interest in preservation of the undeveloped character of these timber lands, and equitable relief is justified against the proposed sales and planned clearcutting which would obviously have a significant effect on the environment. For the district court's opinion see 3 ELR 20827.

Counsel for Plaintiffs
John D. Leshy
Toby Sherwood
Natural Resources Defense Council, Inc.
664 Hamilton Avenue
Palo Alto, CA 94301

John R. Hursh
P.O. Box 807
Riverton, WY 82501

Jack Speight
1807 Capitol Avenue
Cheyenne, WY 82001

Counsel for Defendants
Richard V. Thomas, U.S. Attorney
Federal Building
Cheyenne, WY 82001

Wallace H. Johnson, Asst. Attorney General
Carl Strass
Robert L. Karlquist
Department of Justice
Washington, DC 20530

Richard I. Leedy
James L. Hettinger
Hettinger & Leedy
214-222 Masonic Temple Building
Riverton, WY 82501