United States Ninth Circuit

In an action alleging that the Five Buttes Project, which authorized certain logging activities, violated the National Forest Management Act and the National Environmental Policy Act, summary judgment and an injunction in favor of plaintiff-conservation groups are reversed where: 1) the Forest Service's alleged admissions about possible harms actually described the balancing of risks that the Forest Service was required to undertake, and such balancing was entirely appropriate under the Northwest Forest Plan; and 2) the Forest Service adequately considered and responded to alternative views about the Project's potential environmental consequences.

Appellate Information

• Decided 08/13/2010
• Published 08/13/2010

Judges

• Milan D. Smith, Jr.

Court

• United States Ninth Circuit

Counsel