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Environmental Law
Environmental Protection
National Historic Preservation Act

Karuk Tribe, Klamath-Siskiyou Wildlands Center, Environmental Protection Information Center, Klamath Forest Alliance v. Tyrone Kelley, in his capacity as Forest Supervisor, Six Rivers National Forest, The United States Forest Service

Published: Aug. 20, 2011 | Result Date: Jun. 13, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 3:10-cv-02039-WHA Bench Decision –  Injunctive Relief

Court

USDC Northern


Attorneys

Plaintiff

Marianne G. Dugan

Sharon E. Duggan


Defendant

Samantha Frank

Jared S. Pettinato


Facts

The U.S. Forest Service initiated the Orleans Community Fuels Reduction and Forest Health Project in Humboldt County, near a wildfire-prone area. The project aimed to thin 27,000 acres of Six Rivers Forest in order to promote forest health and fire suppression.

Contentions

PLAINTIFFS' CONTENTIONS:
The Karuk Tribe, Klamath-Siskiyou Wildlands Center, Environmental Protection Information Center and Klamath Forest Alliance (collectively, environmental groups) filed suit against the agency, alleging logging work violated the National Historic Preservation Act, damaging a spiritual Native American trail.

Result

The court found the agency had violated the Act, enjoining it from conducting further implementation of the project until remedial measures were established.


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