Jump to Navigation
Jump to Content

Center for Biological Diversity v. Rey

ELR Citation: 38 ELR 20115
Nos. No. 07-16892, (9th Cir., 05/14/2008)

The Ninth Circuit preliminarily enjoined three logging projects permitted by the U.S. Forest Service in the Sierra Nevada National Forest. The Forest Service permitted the timber sales so that it could raise funds to carry on its fire prevention duties. While the Forest Service is clearly authorized to take action to prevent the occurrence of forest fires, the Forest Service's 2004 supplemental environmental impact statement (EIS) for the timber sales violated the National Environmental Policy Act. A number of circumstances concerning the funding of fire reduction objectives have changed since the final EIS was issued in 2001. The Forest Service, therefore, cannot rely on its discussion of alternatives in its 2001 final EIS to satisfy the alternatives requirement in its 2004 supplemental EIS. In addition, a balancing of the equities in this case favors the issuance of a preliminary injunction.