Sierra Club v. Peterson [II]

228 F.3d 559 (2000) (en banc)

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Sierra Club v. Peterson [II]

United States Court of Appeals for the Fifth Circuit
228 F.3d 559 (2000) (en banc)

Facts

The United States Forest Service (forest service) (defendant) was charged with managing the national forests in Texas under the National Forest Management Act of 1976 (forest-management act). The forest service created a program of timber management to apply to timber sales from the national forests. The timber-management program applied to both past sales and future sales that had not yet occurred. The Sierra Club (plaintiff) challenged the entire timber-management program rather than individual timber sales. The Sierra Club objected to the use of even-aged timber management in the national forests in Texas and sought a wholesale improvement in the forest service’s timber-management program. In its challenge, the Sierra Club used evidence of the effect of individual sales as evidence that the forest service’s on-the-ground management of national forests in Texas over the last 20 years violated the forest-management act. The district court granted an injunction enjoining the forest service’s even-aged management practices, which a panel of the United States Court of Appeals for the Fifth Circuit upheld as proper. The court of appeals voted to rehear the case en banc.

Rule of Law

Issue

Holding and Reasoning (Garza, J.)

Concurrence (Higginbotham, J.)

Dissent (Stewart, J.)

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