Sierra Club v. Butz
Citation: 6 ELR 20369
No. No. 71-2514, (9th Cir., 03/26/1976) Remanded
The Ninth Circuit remands this challenge to a Forest Service timber sale, in which a motion for a new trial is currently pending, to the federal district court in Alaska for the purpose of considering plaintiffs' more recent motion for rehearing or, in the alternative, summary reversal. The latter motion is based on the Fourth Circuit's ruling in West Virginia Division of the Izaak Walton League v. Butz, 5 ELR 20572, that the Organic Act of 1897 bans clearcutting in the national forests.
A dissent argues that the district court should first be allowed to rule on the motion for a new trial; if the motion is denied, plaintiffs could then raise their Organic Act claims in the context of an appeal from that denial, otherwise the contentions could be presented at trial.
Counsel for Plaintiffs-Appellants
Warren W. Matthews
Matthews, Donne & Bailey
429 D Street, Suite 201
Anchorage AK 99501
Counsel for Defendants-Appellees
G. Kent Edwards, U.S. Attorney
P.O. Box 680
Anchorage AK 99510
Manley B. Strayer
Davies, Biggs, Strayer, Stoel & Boley
900 S.W. Fifth Avenue
Portland OR 97204
Duniway & Merrill, JJ.; Trask, J. dissents with separate opinion.