Woll v. United States

No. 98-564C (45 Fed. Cl. 475) (Fed. Cl. December 8, 1999)

ELR Digest

The court holds that a study plan entered into between the U.S. Forest Service and a helicopter logger for the testing of an aerial yarding system was not an enforceable contract as part of a conventional logger's proposed timber sale in the Six Rivers National Forest in California. Before the timber sale could be awarded to the conventional logger, litigation ensued over the safety of the northern spotted owl in the project area. Consequently, the Forest Service suspended the sale, and the helicopter logger's aerial yarding system was not tested. The court first holds that both parties received consideration under the study plan in the form of payment to the helicopter logger and various study benefits to the government. The court next holds, however, that the study plan is an illusory and unenforceable contract. Read as a whole, the study plan reveals that the Forest Service did not intend to contract with the helicopter logger, but only intended to enable a study of his aerial yarding system. Moreover, the conventional logger could terminate the study plan without consequence because if the aerial yarding system failed, the conventional logger could have terminated the study plan under the sales contract and used an alternative method to yard the timber. The court further holds that the study plan includes provisions that preclude any imposition of liability against the Forest Service. Finally, the court holds that the study plan does not come within the purview of the Contract Disputes Act.

The full text of this opinion is available from ELR (7 pp., ELR Order No. L-149).

Counsel for Plaintiff
Scott W. Horngren
Haglund, Kirtley, Kelley & Horngren
One Main Pl.
101 SW Main, Ste. 1800, Portland OR 97204
(503) 225-0777

Counsel for Defendant
Matthew P. Reed
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

[30 ELR 20245]

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]