United States Ninth Circuit

In a suit challenging Forest Service amendments to the Sierra Nevada Forest Plan as inconsistent with the National Environmental Protection Act (NEPA) and the Administrative Procedure Act, the district court's grant of summary judgment to the Forest Service is: 1) reversed in part, where the plaintiff had Article III standing, and the failure of the environmental impact statement (EIS) to provide any analysis of the environmental consequences on individual fish species was a failure to comply with the hard look requirement of NEPA; and 2) affirmed in part, insofar as the Forest Service did take a hard look at environmental consequences on amphibians in the EIS, in compliance with NEPA.

Appellate Information

• Decided 02/03/2012
• Published 02/03/2012

Judges

• W. Fletcher

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Brian Gaffney, David Taylor Shelledy