RECENT FEDERAL DECISIONS

October 2003

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Ninth Circuit Upholds Agencies’ Findings that a New Access Road to Timber Harvest Site Will Not Jeopardize or Significantly Impact Grizzly Bear Population
Selkirk Conservation Alliance, et al. v. Forsgren, et al.

In a July 17, 2003 decision addressing issues under both the Endangered Species Act, 16 U.S.C. § 1531 et seq., (ESA) and the National Environmental Policy Act, 42 U.S.C. § 4321 et seq., (NEPA), the Ninth Circuit Court of Appeals recently ruled that neither the United States Forest Service (USFS) nor the United States Fish and Wildlife Service (FWS) abused its discretion in authorizing a road construction easement through part of the Colville National Forest in northeast Washington State.