United States First Circuit

In conservation groups' challenges to the Forest Service's approval of two forest resource management projects in a national forest, a decision upholding the Forest Service decision is affirmed over claims that: 1) the Forest Service erred by applying the "best available science" standard found in the Forest Service rules to its evaluation of the projects, rather than a set of rules adopted in 1982; 2) a project EA was based on a Management Indicator Species Provision of the 2005 rules which were enjoined nationwide in March 2007; 3) even if the 1982 rules did not apply to the projects by their own force, they applied because the Forest Service chose to revise a 2005 Forest Plan so as to incorporate the 1982 rules for future site-specific projects; 4) the Forest Service failed to consider whether the timber harvesting would disqualify any of the land involved from future recommended designation for wilderness protection that Congress may afford; and 5) the effects of the projects were "controversial," requiring the completion of an EIS.

Appellate Information

• Decided 02/06/2009
• Published 02/06/2009

Judges

• BOUDIN, Circuit Judge., Before BOUDIN, SELYA and STAHL, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Kristin A. Henry, with whom Eric E. Huber and Bradford W. Kuster were on brief for appellants.


• For Appellees:
  
• Charles R. Scott, United States Department of Justice, Environment & Natural Resources Division, with whom Cynthia S. Huber and Mark R. Haag, United States Department of Justice, Environment & Natural Resources Division, and Ronald J. Tenpas, Assistant Attorney General, were on brief for appellees.