Pacific Rivers Council v. USFS, et al.

Plaintiff brought suit in federal district court challenging the 2004 Framework, the Forest Services' recommendations to the Sierra Nevada Forest Plan, as inconsistent with the National Environmental Protection Act (NEPA), 42 U.S.C. 4321 et seq., and the Administrative Procedures Act, 5 U.S.C. 500 et seq., claiming that the 2004 EIS did not sufficiently analyze the environmental consequences of the 2004 Framework for fish and amphibians. The court held that the Forest Service failed to take a hard look at environmental consequences on fish in the 2004 EIS, in violation of NEPA. There was a lack of analysis of the likely impact on individual species of fish in the 2004 EIS and the lack of any explanation in the 2004 EIS as to why it was not "reasonably possible" to perform some level of analysis of such impact. The court held, however, that the Forest Service did take a hard look at environmental consequences on amphibians in the 2004 EIS, in compliance with NEPA. Therefore, the court reversed in part and affirmed in part. View "Pacific Rivers Council v. USFS, et al." on Justia Law