Island Range Chapter of the Montana Wilderness v. United States Forest Service

45 F. Supp. 2d 1006, 1996 U.S. Dist. LEXIS 22330, 1996 WL 1089683
CourtDistrict Court, D. Montana
DecidedAugust 21, 1996
DocketCV-94-062-GF
StatusPublished

This text of 45 F. Supp. 2d 1006 (Island Range Chapter of the Montana Wilderness v. United States Forest Service) is published on Counsel Stack Legal Research, covering District Court, D. Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Island Range Chapter of the Montana Wilderness v. United States Forest Service, 45 F. Supp. 2d 1006, 1996 U.S. Dist. LEXIS 22330, 1996 WL 1089683 (D. Mont. 1996).

Opinion

MEMORANDUM AND ORDER

HATFIELD, District Judge.

The above-entitled action has its genesis in the United States Forest Service’s decision to proceed with a timber sale in the Smokey-Corridor area of the Little Belt Mountains in the Lewis and Clark National Forest. Plaintiffs, Island Range Chapter of the Montana Wilderness Association, American Wildlands, Russell County Sportsmen, John Ressler and Stuart Lew-in, instituted the above-entitled action for declaratory and injunctive relief, alleging the Forest Service’s decision to proceed with the sale is violative of the National Forest Management Act, 16 U.S.C. §§ 1600 et seq., the Clean Water Act, 33 U.S.C. § 1365, and the National Environmental Policy Act, 42 U.S.C. §§ 4321 et seq. Presently before the court is the Forest Service’s motion for summary judgment, pursuant to Fed.R.Civ.P. 56. 1 Having reviewed the record herein, together with the parties’ briefs in support of their respective positions, the court is prepared to rule.

BACKGROUND

In 1986, the Forest Service, in accordance with the National Forest Management Act (“NFMA”), 16 U.S.C. §§ 1600 et seq., 2 implemented a land and resource management plan for the Lewis and Clark National Forest. The plan divided the Lewis and Clark National Forest into nineteen management areas, each with different management goals.

In 1991, the Forest Service initiated plans for the Smokey-Corridor timber sale project. Recognizing the proposed action was a “major federal action significantly affecting the environment,” 3 the Forest *1009 Service began preparing an EIS to address the project’s environmental consequences. The draft EIS for the Smokey-Corridor timber project was released in July, 1993.

On January 28, 1994, the Forest Supervisor for the Lewis and Clark National Forest issued a Record of Decision (“ROD”) approving the Smokey-Corridor timber sale project, as set forth in the final EIS. The project envisions five timber sales resulting in the harvesting of 2,999 acres of land, the obliteration of 7.8 miles of road, yearlong restrictions with respect to 36 miles of road within the National Forest, and the closure of 9.3 miles of road from September to December. In addition, the final EIS calls for the construction of 2.2 miles of new roads and the reconstruction of 18.6 miles of roads. The timber sale at issue herein, the Smokey B timber sale, is the first sale scheduled in accordance with the project, and will necessitate 1.1 miles of road reconstruction and 1.8 miles of road construction.

Plaintiffs filed administrative appeals of the Smokey-Corridor final EIS and ROD. The Deputy Regional Forester denied plaintiffs’ administrative appeal and, on July 18, 1994, plaintiffs instituted the present action for declaratory and injunctive relief. Plaintiffs invoke the jurisdiction of this court pursuant to 28 U.S.C. § 1331, in conjunction with 28 U.S.C. §§ 2201 and 2202.

DISCUSSION

A. National Environmental Policy Act

1. Background

The National Environmental Policy Act (“NEPA”), 42 U.S.C. §§ 4321 et seq., seeks to ensure federal agencies carefully evaluate the potential environmental consequences of proposed actions. 42 U.S.C. § 4332; 40 C.F.R. § 1501. NEPA requires the preparation of an EIS under certain circumstances to ensure each agency considers all possible approaches to a particular project (including total abandonment of the project) which would alter the environmental impact and the cost benefit balance. All Indian Pueblo Council v. United States, 975 F.2d 1437, 1444 (10th Cir.1992). An EIS is one of the devices that NEPA mandates in order to effect “a broad national commitment to protecting and promoting environmental quality.” Id., quoting, Robertson v. Methow Valley Citizens Council, 490 U.S. 332, 348, 109 S.Ct. 1835, 104 L.Ed.2d 351 (1989).

An EIS must contain, inter alia, a detailed statement regarding alternatives to the proposed action. Havasupai Tribe v. United States, 752 F.Supp. 1471, 1490 (D.Ariz.1990), citing, Citizens for a Better Henderson v. Hodel, supra, 768 F.2d at 1057; 42 U.S.C. § 4332(2)(c)(iii). The discussion of alternatives is “the heart of the environmental impact statement.” 40 C.F.R. § 1502.14. Consequently, an agency must examine every reasonable alternative, with the range dictated by the “nature and scope of the proposed action,” State of California v. Block, 690 F.2d 753, 761 (9th Cir.1982), to permit a “reasoned choice.” Methow Valley Citizens Council v. Regional Forester, 833 F.2d 810, 815 (9th Cir.1987), reversed on other grounds sub. nom., Robertson v. Methow Valley Citizens Council, 490 U.S. 332, 109 S.Ct. 1835, 104 L.Ed.2d 351 (1989). See also, 40 C.F.R. § 1502.14(a) (agency must “rigorously explore and objectively evaluate all reasonable alternatives.”).

2. Scope of Review

As the Supreme Court has noted, “it is now well settled that NEPA itself *1010

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Bluebook (online)
45 F. Supp. 2d 1006, 1996 U.S. Dist. LEXIS 22330, 1996 WL 1089683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/island-range-chapter-of-the-montana-wilderness-v-united-states-forest-mtd-1996.