Jump to Navigation
Jump to Content

National Audubon Soc'y v. U.S. Forest Serv.

ELR Citation: 21 ELR 20828
Nos. No. 90-811-MA, (D. Or., 11/21/1990)

The court enjoins four timber sales in the Rogue River National Forest pending the Forest Service's completion of environmental impact statements (EISs) analyzing the consequences of the timber sales on the lands. A portion of the lands on which the timber sales were to have taken place are roadless in fact, but are not "roadless" under Forest Service standards. The court first holds that the "on-the-ground" situation determines whether an area is roadless and undeveloped for the purpose of assessing compliance with the National Environmental Policy Act (NEPA). NEPA requires EIS preparation for all major federal actions significantly affecting the quality of the human environment. The court holds that the timber sales may significantly impact the environment by irreversibly damaging the recreational value and resources of the sale areas. The court notes that once a roadless area is developed through logging and road construction, it is irrevocably changed. The court holds that, because of the significant environmental consequences that may result from the development of the sale lands, the Forest Service's determination that no EIS was required was unreasonable.

Counsel for Plaintiffs
Gary K. Kahn
Reeves & Kahn
910 Oregon National Bldg., 610 S. W. Alder St., Portland OR 97205
(503) 227-5144

Thomas C. Lee, Ass't U.S. Attorney
3121 U.S. Courthouse, 620 S.W. Main St., Portland OR 97205
(503) 221-2202

Arno Reifenberg, Val J. McLam Black
Office of General Counsel, U.S. Department of Agriculture
1734 Federal Bldg., 1220 S.W. Third Ave., Portland OR 97204
(503) 326-2741

Counsel for Defendant
Michael E. Haglund, Scott W. Horngren
Haglund & Kirtley
101 S.W. Main, Ste. 700, Portland OR 97204
(503) 225-0777