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National Wildlife Fed'n v. U.S. Forest Serv.

Citation: 17 ELR 20344
No. No. 84-4274, 801 F.2d 360/(9th Cir., 12/09/1986) Dismissed as moot

The court dismisses as moot a challenge to timber sales in the Siuslaw National Forest in Oregon since the Forest Service has withdrawn its plan until the completion of the forest plan and the environmental impact statement (EIS). The parties agree that the National Forest Management Act claims and National Environmental Policy Act claims have been mooted by the Service's withdrawal of the Seven Year Action Plan and its commitment not to proceed with timber sales until the Suislaw Forest Plan and the accompanying EIS have been completed. The court holds that plaintiff's challenge under the Multiple Use Sustained Yield Act is also moot, since there is no live controversy or ongoing violation of the Act. The court vacates the portion of the district court's judgment requiring the Forest Service to include a worst case analysis and an analysis of the cumulative impacts of each timber sale in the plan.

[The district court decisions are published at 14 ELR 20755 and 15 ELR 20931.]

Counsel for Plaintiffs-Appellants
Terence L. Thatcher
National Wildlife Federation
708 Dekum Bldg., 519 SW 3rd Ave., Portland OR 97204
(503) 222-1429

Counsel for Appellees
Phillip Chadsey
Stoel, Rives, Boley, Fraser & Wyse
900 SW 5th Ave., Portland OR 97204-1268

Peter R. Steenland, Claire L. McGuire, Robert L. Klarquist
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2748