Utah Environmental Congress v. Bosworth
United States Court of Appeals for the Tenth Circuit
443 F.3d 732 (2006)
- Written by Tammy Boggs, JD
Facts
For purposes of the National Environmental Policy Act (NEPA), the United States Forest Service maintained a list of 24 categories of minor projects that were categorically excluded from environmental review, including one category for timber-thinning and harvesting of an area not to exceed 250 acres to control insects or disease (category 14). In 2004, the Forest Service approved a 123-acre timber-thinning project in a Utah forest to harvest spruce-beetle-infested timber (the seven-mile project). The project would prevent other areas of the forest from beetle infestation, preserving those areas. The Forest Service conducted land and aerial surveys of the seven-mile project area, including habitats of various species like the northern goshawk and three-toed woodpecker, and approved the project under category 14 without preparing an environmental-impact statement (EIS) or assessment. The Utah Environmental Congress (UEC) (plaintiff) sued the government (defendant) in district court, arguing that the project violated NEPA. The district court ruled in the government’s favor, and the UEC appealed.
Rule of Law
Issue
Holding and Reasoning (Tymkovich, J.)
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