United States Ninth Circuit

In an action under the National Environmental Policy Act, challenging the Smith Creek Project in the Gallatin National Forest to reduce the risks of severe wildfire, insect infestation, and disease, as well as to promote habitat diversity, summary judgment for defendants is affirmed in part where the Forest Service's risk reduction calculations are supported by studies conducted in other regions, as well as by extensive modeling. However, the judgment is reversed in part where the Project violated the National Forest Management Act by failing to comply with the elk-cover requirement contained in the Gallatin National Forest Plan.

Appellate Information

• Decided 09/15/2010
• Published 09/15/2010

Judges

• FLETCHER

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Timothy M. Bechtold, Brian C. Toth