United States Ninth Circuit

In a dispute over whether the U.S. Forest Service complied with federal environmental law in its management of a national forest in Montana, summary judgment in favor of the government is affirmed where: 1) the Forest Service's decision to pre-mark trees for cutting did not prematurely commit it to a specific course of action in violation of National Environmental Policy Act; 2) the Forest Service did not fail to facilitate sufficient public collaboration under NEPA; 3) the Service did not violate the National Forest Management Act's substantive soil productivity requirement, nor did it violate NEPA by disregarding the data and opinions of its own soils expert; 4) there was no error with regard to the Service's management of old growth habitats; and 5) it adequately considered the impact the project would have on population trends of various management indicator species.

Appellate Information

• Argued 12/12/2007
• Decided 11/06/2008
• Published 11/06/2008

Judges

• O'SCANNLAIN, Circuit Judge:, Before:  ALFRED T. GOODWIN, DIARMUID F. O'SCANNLAIN, and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Thomas J. Woodbury, Forest Defense, P.C., Missoula, MT, argued the cause for the plaintiffs-appellants and filed briefs.


• For Appellees:
  
• Stacey Person, Environmental & Natural Resources Division, U.S. Dept. of Justice, Washington, DC, argued the cause for the federal defendant-appellees and filed briefs., Julie Weis, Hagland Kelley Horngren Jones & Wilder LLP, Portland, OR, argued the cause for the defendant-interventor-appellees and filed briefs.