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Colorado Wild v. U.S. Forest Serv.

ELR Citation: 36 ELR 20015
Nos. No. 05-1265, (10th Cir., 01/18/2006)

The court upholds the U.S. Forest Service's decision allowing the salvage of dead and/or dying trees on up to 250 acres to proceed without the preparation of an environmental impact statement or environmental assessment. The methodology the Forest Service used in promulgating the categorical exclusion was not arbitrary or capricious. Nor did the Forest Service err substantively in concluding that projects under the exclusion will normally not have significant impacts on the human environment.