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06-35780 - League of Wilderness, et al v. USFS


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06-35780 - League of Wilderness, et al v. USFS
December 11, 2008
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FILED OPINION (DAVID R. THOMPSON, A. WALLACE TASHIMA and MILAN D. SMITH, JR.)The Forest Service???s approval of the Project violates NEPA because the FSEIS may not tier to the non-NEPA Watershed Analysis to consider adequately the aggregate cumulative effects of past timber sales. We reverse the district court???s grant of summary judgment in favor of the Forest Service, and we remand this case so the agency can reissue its NEPA documentation to include the omitted information regarding past timber sales contained in the Watershed Analysis. Each party shall bear its own costs on appeal. REVERSED and REMANDED. Judge: DRT , Judge: AWT , Judge: MDS Authoring. FILED AND ENTERED JUDGMENT.