Sierra Club v. Bosworth

The Forest Service (defendant) issued an environmental-impact statement (EIS) for its proposed Fuel Reduction for Community Protection commercial logging project in Six Rivers National Forest. The project was intended to create firebreaks and reduce fuel in areas previously burned in the approximately 60,000-acre Big Bar Complex Fires. The Sierra Club (plaintiff) sued the Forest Service, claiming the EIS violated the requirements of the National Environmental Protection Act (NEPA) because it failed to address contradictory scientific evidence and the lack of supporting evidence for the project’s claimed efficacy. Specifically, the Sierra Club alleged the Forest Service failed to disclose scientific reports finding that (1) commercial logging projects in previously burned areas did not reduce future fire risk, and (2) leaving dead wood material in place after a wildfire does not increase future fire risk. Sierra Club also alleged that there was an ongoing debate in fire science about the benefits and risks of post-fire logging that the Forest Service failed to address or disclose. The Forest Service countered, arguing that evidence supporting its position was in the administrative record and Forest Service scientists considered all relevant contrary evidence before preparing the EIS. The Sierra Club and the Forest Service each sought summary judgment.