United States Court of Appeals for the Ninth Circuit
537 F.3d 981 (2008)
The Lands Council (Council) (plaintiff) sued the United States Forest Service (USFS) (defendant), claiming that the USFS had violated the National Forest Management Act (NFMA), 16 U.S.C. §§ 1600 et seq., by failing to use on-the-ground analysis to analyze the effects of a proposed project on the flammulated owl and its habitat. The Council cited Ecology Center, Inc. v. Austin, 430 F.3d 1057 (9th Cir. 2005), which held that the NFMA required the USFS to conduct on-the-ground analysis of the effects of logging on old-growth forest and post-fire habitats. The holding of Ecology Center was based on Lands Council v. Powell (Lands Council I), 379 F.3d 738, which found that the USFS had violated the NFMA by approving a timber harvest based on spreadsheet models regarding soil quality rather than on-site spot verification of soil quality. The Council moved for a preliminary injunction. The district court denied the motion, and the Council appealed. The United States Court of Appeals for the Ninth Circuit reviewed the case to determine whether to uphold Ecology Center.
Rule of Law
Holding and Reasoning (Smith, 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 222,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 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.