United States Tenth Circuit

In a challenge to a USFS plan to allow timber harvesting in the Rio Grande National Forest, judgment for defendant is affirmed where: 1) the USFS complied with the Forest Plan's management indicator species-monitoring directives; 2) plaintiff failed to adequately present its claim that defendant did not provide substantial evidence for a conclusion that a relevant soil standard would be met in its administrative appeal, and thus forfeited it; and 3) defendant satisfied the requirements of NEPA by considering environmental impacts, even if it did not cancel the project because of them.

Appellate Information

• Decided 07/23/2007
• Published 07/23/2007

Judges

• LUCERO, Circuit Judge., Before LUCERO, ANDERSON, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Nicolas F. Persampieri (Andrea Zaccardi with him on the briefs), Earthjustice, Denver, CO, for the Plaintiffs-Appellants.


• For Appellees:
  
• Scott W. Horngren, Haglund, Kelley, Horngren, Jones, & Wilder, LLP, Portland, OR, and John L. Smeltzer (Kenneth Capps, Office of the General Counsel, U.S. Department of Agriculture;  Matthew J. McKeown, and Mark R. Haag with them on the briefs), U.S. Department of Justice, Washington, DC, for the Defendants-Appellees.