United States Ninth Circuit
Friends of the Wild Swan v. Weber, 13-35817
Denial of two preliminary injunctions in plaintiff environmental groups' challenges to the US Forest Service's approval of two logging projects is affirmed, where: 1) plaintiffs failed to demonstrate imminent injury with respect to their National Environmental Policy Act claim that the Environmental Assessments failed to sufficiently analyze the cumulative impact of two logging projects in the same general location; 2) cumulative impact need not be considered when determining whether to prepare a full-blown Environmental Impact Statement; 3) in evaluating the effects of the action on potentially affected species, the Forest Service properly defined the "action area" for the potentially affected species at-issue; and 4) plaintiffs did not show a likelihood of success on the merits of their National Forest Management Act claims.
Appellate Information
- Decided 09/24/2014
- Published 09/24/2014
Judges
- Hawkins
Court
- United States Ninth Circuit