· 3/4/1991
Sierra Club, Etc. v. Clayton K. Yeutter, Etc.
Citations
- 926 F.2d 429
- 21 Envtl. L. Rep. (Envtl. Law Inst.) 20755
- 1991 U.S. App. LEXIS 3522
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the Forest Service’s actions, by allowing the clear-cutting of two hundred feet of old-growth hardwood trees, “impair[ed] the [woodpeckers’] ‘essential behavioral patterns, including ... sheltering,’ and thus results in a violation of section 9” (citation omitted
- finding the government's argument waived because the government originally \sought review under the standard it now challenges\
- finding Forest Service's management of timber stands was a taking of the red-cockaded woodpecker in violation of the ESA
- enjoining the United States Forest Service from even-aged lumbering following documentation by scientists of a dramatic decline in active Red Cockaded Woodpecker colonies and findings by the court tracing the decline directly to Service's lumbering practices
- enjoining the United States Forest Service from even- aged lumbering following documentation by scientists of a dramatic decline in active Red Cockaded Woodpecker colonies and findings by the court tracing the decline directly to Service's lumbering practices
- It is a \cardinal rule of appellate review that a party may not challenge as error a ruling or other trial proceeding invited by [a] party\(internal quotations and citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: King, Garwood, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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