Allegheny Defense Project, Inc. v. U.S. Forest Service
United States Court of Appeals for the Third Circuit
423 F.3d 215 (2005)
- Written by Colette Routel, JD
Facts
The Allegheny Defense Project (ADP) (plaintiff) sued the United States Forest Service (Forest Service) (defendant) for approving a logging project in the Allegheny National Forest known as the East Side Project (the project). The project proposed clearcutting large sections of the forest to encourage regeneration of black-cherry trees, which were the most expensive hardwood species growing in the forest. The ADP argued that the project violated the National Forest Management Act of 1976 (NFMA), which precluded the Forest Service from choosing a harvest-management technique primarily because it would generate the most money. The agency claimed that it was not seeking to simply maximize profits and noted that black-cherry trees had numerous environmental benefits, including resistance to drought, insects, and other pests, and clearcutting would assist the regeneration of not only black-cherry trees, but also other shade-intolerant species. The district court upheld the Forest Service’s actions, and the ADP appealed.
Rule of Law
Issue
Holding and Reasoning (McKee, J.)
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