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July 10, 2007
9th Circuit Requires Preliminary Injunction of Restoration Logging
The Ninth Circuit
reversed denial of a preliminary injunction to halt the Mission Brush project
in the Idaho Panhandle National Forest, in which the Forest
Service planned to allow selective logging to restore the forest to historic
conditions. The court held that
plaintiffs had demonstrated a likelihood of success on the merits of both their
NFMA and NEPA claims. The Forest Service
decision relied on unverified assumptions that the logging would improve
habitat for sensitive old-growth dependent species used to measure diversity
and failed to discuss scientific uncertainty about its impact assessment. Land_institute.pdf
July 10, 2007 in Biodiversity, Cases, Environmental Assessment, Forests/Timber, Law, Physical Science, Sustainability, US | Permalink
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