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Great Old Broads for Wilderness v. Kimbrell

ELR Citation: 43 ELR 20045
Nos. 11-16183, (9th Cir., 03/04/2013)

The Ninth Circuit upheld the U.S. Forest Service's record of decision determining the method for restoring a flood-damaged road in the Humboldt-Toiyabe National Forest in Nevada. The Forest Service's interpretation of the applicable fish and wildlife restoration standards is reasonable. Accordingly, the record of decision complies with the National Forest Management Act. Likewise, the agency complied with Executive Order 11988, which discourages unnecessary development in floodplains. And the Forest Service was not required to prepare a supplemental EIS under NEPA. The court, therefore, affirmed a lower court decision on these issues. But contrary to the findings of the lower court, each of the claims presented on appeal were adequately exhausted by the plaintiff's submissions to the Forest Service. The court, therefore, reversed this portion of the lower court's decision.