United States Ninth Circuit

In an action challenging the United States Forest Service's approval of a proposed expansion of a ski area in Oregon, summary judgment for the Forest Service is reversed and remanded for an injunction where the Forest Service: 1) failed to properly evaluate the impact of the proposed expansion on the Pacific fisher, in violation of both NEPA and the NFMA; and 2) violated the NFMA by failing to appropriately designate Riparian Reserves and Restricted Watershed terrain, as required by applicable plans.

Appellate Information

• Argued 07/11/2007
• Decided 09/24/2007
• Published 09/24/2007

Judges

• MILAN D. SMITH, JR., Circuit Judge:, Before: STEPHEN REINHARDT, CYNTHIA HOLCOMB HALL, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Marianne Dugan and Chris Winter, Eugene, OR, for the plaintiffs-appellants.


• For Appellees:
  
• Robert J. Lundman, United States Department of Justice, Washington, DC, for the defendants-appellees., Robert A. Maynard, Perkins Coie LLP, Boise, ID, for the defendant-intervenor-appellee.