United States Ninth Circuit

Summary judgment for defendant U.S. Forest Service in an action challenging defendant's approval of the restoration of a flood-damaged road in the Humboldt-Toiyabe National Forest in Nevada, is: 1) is reversed in part, where each of the claims presented on appeal were adequately exhausted by plaintiff’s submissions to defendant; but 2) affirmed in part on the merits, because defendant's Record of Decision conformed to the National Forest Management Act, Executive Order 11988, and the National Environmental Policy Act.

Appellate Information

• Decided 03/04/2013
• Published 03/04/2013

Judges

• GOULD

Court

• United States Ninth Circuit

Counsel