RECENT FEDERAL DECISIONS

January 2004

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Ninth Circuit Finds U.S. Forest Service Violated the National Environmental Policy Act by Not Disclosing Responsible Scientific Opposition in Final EIS for Forest Management Plan
Center for Biological Diversity, et al. v. U.S. Forest Service, et al.

The Ninth Circuit Court of Appeals recently found that the U.S. Forest Service (USFS) violated the National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.) when it failed to disclose responsible scientific opposition in the final environmental impact statement (EIS) for amendments to a forest plan intended to protect the northern goshawk. The USFS failed to respond to federal and state wildlife agencies’ scientific opposition to the USFS’ determination that goshawks are habitat generalists.