United States Ninth Circuit

In an action against the Forest Service brought by environmental groups seeking declaratory and injunctive relief to halt a selective logging project in a national forest, summary judgment for the Forest Service is reversed and remanded where the Forest Service's approval of the project violated the National Environmental Policy Act (NEPA), because the Final Supplemental Environmental Impact Statement (FSEIS) may not tier to the non-NEPA Watershed Analysis to consider adequately the aggregate cumulative effects of past timber sales.

Appellate Information

• Argued 10/21/2008
• Decided 12/11/2008
• Published 12/11/2008

Judges

• Before:  DAVID R. THOMPSON, A. WALLACE TASHIMA, and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• R. Scott Jerger, Field Jerger LLP, Portland, OR, for the plaintiffs-appellants.


• For Appellees:
  
• Leslie B. Bellas, United States Department of Justice, Washington, DC, John Munson, United States Department of Agriculture, Portland, OR, and Stephen John Odell, Office of the United States Attorney, Portland, OR, for the defendant-appellee.