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· 8/11/2005

Native Ecosystems Council v. U.S. Forest Service, an agency of U.S. Dept. of Agriculture

Citations

  • 418 F.3d 953
  • 35 Envtl. L. Rep. (Envtl. Law Inst.) 20166
  • 61 ERC (BNA) 1056
  • 2005 U.S. App. LEXIS 16800
  • 2005 WL 1906996

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a court does not defer to an agency interpretation of forest plan where the action is inconsistent with that plan
  • recommending that instead of discounting the requirements of the applicable forest plan, the agency should go through the proper process to amend it
  • finding NFMA violation where “we can- not reasonably determine that the Forest Service has complied with the [Forest] Plan”
  • holding a Helena National Forest project in violation of NFMA where the forest 31 plan required that elk hiding cover be calculated using a “drainage or elk herd unit” denominator and the agency improper excluded private and non-Helena National Forest lands from the baseline
  • “It is well-settled that the Forest Service’s failure to comply with the provisions of a Forest Plan is a violation of NFMA.”
  • “It is well-settled that the Forest Service’s failure to comply with the provisions of a Forest Plan is a violation of NFMA.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.