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Thomas v. Peterson

United States Court of Appeals for the Ninth Circuit
753 F.2d 754 (9th Cir. 1985)


Harold Thomas and other landowners, ranchers, miners, and conservation and recreation organizations (plaintiffs) filed suit in federal court against R. Max Peterson, in his official capacity as Chief Forester of the U.S. Forest Service (USFS), and others (defendants) to enjoin the construction of a gravel road to be used for harvesting and selling timber in the “Jersey Jack” area of the Nez Perce National Forest in Idaho. Plaintiffs claimed defendants improperly approved the road and timber sales without first preparing an Environmental Impact Statement (EIS) required by the National Environmental Policy Act (NEPA). Plaintiffs also alleged that USFS failed to consider what impact the construction and timber harvesting protection would have on the Rocky Mountain Gray Wolf pursuant to the Endangered Species Act (ESA). The district court granted summary judgment in favor of defendants. Plaintiffs appealed.

Rule of Law


Holding and Reasoning (Sneed, J.)

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