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Conservation Congress v. FWS

ELR Citation: 47 ELR 20068
Nos. 2:11-cv-02250, (9th Cir., 05/04/2017)

The Ninth Circuit held that FWS and the Forest Service did not violate the National Forest Management Act when they approved the thinning of trees and undergrowth from portions of the Shasta-Trinity National Forest. The case involved a Revised Recovery Plan that specified guidelines for protection of the spotted owl in the National Forest. A conservation group challenged the thinning on the grounds that the Land and Resource Management Plan for the Shasta-Trinity National Forest required any project to be consistent with the Recovery Plan. The court sided with FWS and the Forest Service, holding that the Recovery Plan is not binding and that various recommendations made for execution of the thinning are "consistent" with the Plan.