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Sierra Club v. Espy [I]

822 F. Supp. 356 (1993)

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Sierra Club v. Espy [I]

United States District Court for the Eastern District of Texas
822 F. Supp. 356 (1993)

  • Written by Robert Cane, JD

Facts

The United States Forest Service (forest service) (defendant) oversaw timber sales from national forests. The removal of trees for timber sales could be done using even-aged or uneven-aged management. Even-aged management involved the clearcutting of all trees within an area. Uneven-aged management involved selecting only certain trees for removal, which provided for better biodiversity. The National Forest Management Act of 1976 (forest-management act) required that even-aged cuts be carried out in a manner consistent with protection of the environment and the regeneration of timber resources. The forest-management act also required that forest-service planners manage land areas to provide for biodiversity. However, the forest service rarely used uneven-aged management techniques with respect to timber sales. Pursuant to the forest service’s land and resource management plan, 82 percent of the national-forest area in Texas was under even-aged management. The Sierra Club (plaintiff) sued the forest service regarding nine scheduled timber sales for which less than 10 percent of the total forest area to be harvested would be cut using uneven-aged management. The Sierra Club moved for an injunction to enjoin the forest service’s even-aged management in the national forests of Texas.

Rule of Law

Issue

Holding and Reasoning (Parker, C.J.)

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