Live trees include mortally injured, "dying" trees

Lands Council v. Martin, 2007 WL 49058, 9th Cir. Feb 12, 2007
Lands Council v. Martin

Term "live trees" in Umatilla National Forest plan, which prevented harvesting of old-growth "live trees," included all old-growth trees that were not dead, and included mortally injured, "dying" old-growth trees that were likely to die in relatively near future but that had not yet died, and thus the National Forest Management Act (NFMA) prevented post-fire logging sales of those dying old growth trees, since the Forest Service had not adopted a technical meaning to the term and a common understanding of the term "live" was "not dead."