United States Tenth Circuit

An order finding a timber-thinning project to treat beetle-infested trees in Utah's Fishlake National Forest in compliance with the Administrative Procedures Act, the National Environmental Policy Act, and the National Forest Management Act is affirmed where the district court correctly found that the Forest Service properly implemented the project under a categorical exclusion.

Appellate Information

• Decided 04/07/2006
• Published 04/07/2006

Judges

• TYMKOVICH, Circuit Judge., Before HENRY, EBEL, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Joel Ban, WildLaw, Salt Lake City, UT, for Plaintiff-Appellant.


• For Appellees:
  
• Mark R. Hagg, Attorney, Environment & Natural Resources Division, Department of Justice, Washington, D.C. (Kelly A. Johnson, Acting Assistant Attorney General, and Todd S. Aagaard, Attorney, Environment & Natural Resources Division, Department of Justice, Washington, D.C., and Elise Foster, Of Counsel, United States Department of Agriculture, Ogden, UT, with him on the brief), for Defendants-Appellees.