Facts

In 2004, the U.S. Forest Service proposed an amendment plan for the Sierra Nevada region, which amended plans for 11 national forests in the region. The plans included increased timber harvesting as well as more logging and road construction. Pacific Rivers Council filed suit, challenging the plans, contending the amendments did not adequately address the impacts to amphibians and individual fish species. Following a federal judgment against Pacific Rivers, the 9th Circuit found the plan failed to adequately address the impact on individual fish species.

PLAINTIFF'S CONTENTIONS:
Pacific Rivers alleged violations of the National Environmental Policy Act. Pacific Rivers sought reinstatement of the 2001 plan, and prohibition of all proposed logging, grazing, burning, and road activity.

DEFENDANT'S CONTENTIONS:
Forest Service contended that a vacatur of the amendment would interfere with 146 ongoing projects in the region, as well as lead to negative environmental impacts.

Result

The court denied the Pacific River's proposed remedy, finding Forest Service committed a minor error, ordering it to review how its amended project plan would affect individual fish species.