Sierra Forest Legacy, et al. v. Sherman, et al.; People of the State of California v. U.S. Dept. of Agriculture, et al., No. 09-17796 (9th Cir. 2011)
Annotate this CaseSierra Forest Legacy and other organizations (collectively, "Sierra Forest") appealed a largely unfavorable summary judgment against them and a favorable but limited remedial order in their National Environmental Policy Act ("NEPA"), 42 U.S.C. 4321 et seq., and National Forest Management Act ("NFMA"), 16 U.S.C. 1600 et seq., suit challenging the 2004 Sierra Nevada Forest Plan Amendment ("2004 Framework") and the Basin Project, a timber harvesting project approved under the 2004 Framework. The State of California ("California") also appealed a summary judgment against it and a limited remedial order in a related NEPA action. At issue was whether the process of establishing management guidelines governing 11.5 acres of federal land in the Sierra Nevada region complied with both the procedural requirements of NEPA and the substantive restrictions of NFMA. The court affirmed the district court's decision on the merits of Sierra Forest and California's NEPA claim and held that Sierra Forest and California had standing to assert a facial NEPA claim against the 2004 Framework but that the 2004 Framework supplemental environmental impact statement ("SEIS") adequately addressed short-term impacts to old forest wildlife and disclosed and rebutted public opposition. The court also held that the Forest Service did not violate NEPA when approving the Basin Project because the U.S. Forest Service and related federal defendants (collectively, "Federal Service") adequately addressed cumulative impacts of the proposed management act. The court further held that the Forest Service violated NEPA by failing to update the alternatives from the 2001 Framework SEIS to reflect new modeling techniques used in the 2004 Framework SEIS. However, the court vacated the district court's orders granting a limited remedy and remanded for reconsideration of the equities of a "substantive" injunction without giving undue deference to government experts. The court remanded also because it reversed the district court's decision on Sierra Forests' NFMA claims.
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