United States Tenth Circuit

In an action alleging that representatives of the U.S. Forest Service violated federal law by authorizing six projects in four national forests in Utah, authorization is reversed in part as to three projects where the Forest Service acted arbitrarily and capriciously by failing to apply the applicable regulations when it did not use the best available science standard in approving those projects.

Appellate Information

• Decided 03/21/2007
• Published 03/21/2007

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, HOLLOWAY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Sarah Tal (Joel Ban on the briefs), of Wildlaw, Salt Lake City, UT, for Plaintiff-Appellant.


• For Appellees:
  
• John E. Arbab, United States Department of Justice, Environment and Natural Resources Division, Washington, DC (Mark R. Haag, United States Department of Justice, Washington, DC;  Sue Ellen Wooldridge, Assistant Attorney General, Washington, DC;  Elise Foster, Office of the General Counsel, United States Department of Agriculture, Ogden, UT, of Counsel, with him on the brief), for Defendants-Appellees.