United States Ninth Circuit

Summary judgment in favor of the U.S. Forest Service in a case involving a vegetation management project is affirmed where an environmental assessment was not inadequate, and a conclusion that the adverse effects of the project would not be "significant" within the meaning of the National Environmental Policy Act (NEPA) was not arbitrary and capricious, and the agency properly concluded that the project complied with the National Forest Management Act (NFMA).

Appellate Information

• Argued 02/15/2006
• Decided 06/23/2006
• Published 06/23/2006

Judges

• MICHAEL DALY HAWKINS, Circuit Judge., Before: J. CLIFFORD WALLACE, HAWKINS, and SIDNEY R. THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Marianne Dugan (argued), Facaros & Dugan, Eugene, OR, for the appellants., Andrew T. Lloyd, Pacific Legal Foundation, Sacramento, CA, for Amici Curiae Rural Resources Alliance, Klamath Alliance for Resources and Environment, and Pacific Legal Foundation.


• For Appellees:
  
• Lisa Jones (argued) and M. Alice Thurston, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the appellee.