Jump to Navigation
Jump to Content

Jayne v. Sherman

ELR Citation: 43 ELR 20003
Nos. 11-35269, (9th Cir., 01/07/2013)

The Ninth Circuit upheld the U.S. Forest Service's adoption of the Idaho Roadless Rule, which creates different categories of land within Idaho's 9.3 million acres of inventoried roadless areas. The court affirmed and adopted as its own a lower court ruling that also approved the rule. FWS's biological opinion complies with the ESA. In addition, the Forest Service did not violate NEPA in relying on the biological opinion or in preparing the final EIS and record of decision approving the rule. The state, therefore, may move forward with its state-based alternative to the federal roadless rule.