Sierra Club v. Espy
United States Court of Appeals for the Fifth Circuit
38 F.3d 792 (1994)
The Sierra Club and the Wilderness Society (plaintiffs) sought an injunction in district court to prevent the United States Forest Service (USFS) (defendant) from engaging the practice of even-aged logging in national forests in Texas. Even-aged logging involved clearcutting, or the cutting of all trees within an area, instead of selective cutting. The plaintiffs claimed that even-aged logging violated the National Forest Management Act (NFMA), 16 U.S.C. §§ 1600-14, and the National Environmental Policy Act, 42 U.S.C. §§ 4321-47. The plaintiffs also challenged the USFS’s environmental assessments (EAs), which used even-aged management for timber sales. Each EA considered the project alternatives of no action, even-aged management, and uneven-aged or selection management. The EAs also took old-growth ecosystems into consideration. Although even-aged management was the preferred collective alternative for the timber sales, each timber sale varied regarding the extent of its use of even-aged management. The district court granted a preliminary injunction against the USFS, finding that the NFMA required even-aged management to be used only in exceptional circumstances. The district court reasoned that holding otherwise would violate § 1604(g)(3)(F)(v) of the NFMA, which required the USFS to use even-aged management in a manner consistent with timber regeneration and the protection of soil, watershed, fish, wildlife, recreation, and aesthetic resources. The USFS appealed.
Rule of Law
Holding and Reasoning (Higginbotham, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 176,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.