Klamath-Siskiyou Wildlands Center v. Bureau of Land Management

387 F.3d 989, 59 ERC 1389
CourtCourt of Appeals for the Ninth Circuit
DecidedOctober 28, 2004
DocketNo. 03-35461
StatusPublished
Cited by19 cases

This text of 387 F.3d 989 (Klamath-Siskiyou Wildlands Center v. Bureau of Land Management) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Klamath-Siskiyou Wildlands Center v. Bureau of Land Management, 387 F.3d 989, 59 ERC 1389 (9th Cir. 2004).

Opinions

CLIFTON, Circuit Judge:

Appellant Klamath-Siskiyou Wildlands Center (“KS Wild”), an environmental organization, challenges two timber sales— the Indian Soda and the Conde Shell— proposed by the Bureau of Land Management (“BLM”) in the South Fork Little Butte Creek (“SFLBC”) watershed in the Cascade Mountains of southwest Oregon. Pursuant to the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seg., the BLM conducted environmental assessméñts (“EAs”) to assess the potential environmental impacts posed by the Conde Shell and Indian Soda sales. KS Wild claims that the EAs are legally insufficient because (1) they fail to adequately evaluate and discuss the potential cumulative environmental impacts posed by the sales in combination with other major activities in the watershed, and (2) the environmental effects of the two sales, along with two other adjacent proposed sales, should all have been discussed in a single NEPA document.

The district court entered summary judgment in favor of the BLM. To make an informed decision about how or whether to proceed with the proposed projects and to comply with NEPA, an agency must identify their potential combined environmental impacts and make that information available to the public. We reverse the judgment of the district court because the analyses performed by the BLM do [992]*992not sufficiently consider the cumulative impacts posed by the timber sales.

I. BACKGROUND

The SFLBC watershed is classified as a Tier 1 Key Watershed under the Northwest Forest Plan, a comprehensive plan adopted in 1994 for the management of all federal forest lands in Washington, western Oregon, and northern California. Tier 1 Watersheds are river basins that are deemed to contribute directly to the survival and restoration of at-risk salmonids. The SFLBC watershed contains designated critical habitat for two endangered species, the coho salmon and the northern spotted owl.

In 1998, the BLM began planning a project on the 373 square miles of the Little Butte Creek watershed aimed at improving forest health by restoring the forest habitat to a “pre-European condition,” while also providing a sustainable supply of timber. For the South Fork Little Butte Creek watershed, the BLM adopted a single silvicultural prescription, titled “SFLBC Project Timber Sales (FY 2000-2003).” The plan to harvest SFLBC timber was originally conceived as a single project, but in the summer and fall of 1999, the BLM decided to divide the analysis for at first two, then four nominally separate (but immediately adjacent) timber sales that would be harvested over a four-year period. The reason for dividing the project is not entirely clear, but the record indicates that the BLM’s primary motivation was the desire to proceed expediently with the project or projects.

The BLM decided to prepare a separate EA for each of the four projects: the Indian Soda, Conde Shell, Deer Lake, and Heppsie sales. The first analyses to be completed were for the Indian Soda and Conde Shell sales. In each EA, the BLM determined that the given project did not pose a risk of significant environmental impact and therefore issued a Finding of No Significant Impact, which allowed the sale to proceed. While KS Wild objects to the analyses performed for all four sales, it only specifically challenged the Indian Soda and Conde Shell projects, because those were the only two for which a final agency action (the BLM’s issuance of a Record of Decision) had been taken at the time of the complaint.

On cross-motions for summary judgment, the district court entered judgment in favor of the BLM. While there was no immediate harvest activity on the Conde Shell project, harvesting began on the Indian Soda project, extending to fifteen of the sixteen individual harvest areas. KS Wild moved the district court to enjoin further harvest activities in both areas. The court issued the injunction pending the resolution of this appeal.

II. STANDARDS OF REVIEW

A “district court’s determination on summary judgment that the BLM complied with NEPA is reviewed de novo.” Kern v. Bureau of Land Mgmt., 284 F.3d 1062, 1069-70 (9th Cir.2002). The agency’s actions, findings, and conclusions will be set aside if they are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.”’ Ocean Advocates v. U.S. Army Corps of Eng’rs, 361 F.3d 1108, 1118 (9th Cir.2004) (quoting 5 U.S.C. § 706(2)(A)). Courts apply a “rule of reason” standard in reviewing the adequacy of a NEPA document. Churchill County v. Norton, 276 F.3d 1060,1071 (9th Cir.2001). Through the NEPA process, federal agencies must “carefully consider[ ] detailed information concerning significant environmental impacts,” Robertson v. Methow Valley Citizens Council, 490 U.S. 332, 349, 109 S.Ct. 1835, 104 L.Ed.2d 351 (1989), but they are “not require[d] to do the impractical.” Inland Empire Public [993]*993Lands Council v. United States Forest Serv., 88 F.3d 754, 764 (9th Cir.1996). Alternatively phrased, the task is to ensure that the agency has taken a “hard look” at the potential environmental consequences of the proposed action. Churchill County, 276 F.3d at 1072.

The NEPA statute is accompanied by implementing regulations promulgated by the Council on Environmental Quality (“CEQ”) and found at 40 C.F.R. §§ 1501.1-1508.28. Courts must “to the fullest extent possible” interpret these regulations consistently with the policies embodied in NEPA. Churchill County, 276 F.3d at 1072 (quoting Lathan v. Brinegar, 506 F.2d 677, 687 (9th Cir.1974) (en banc)).

Although an agency’s actions under NEPA are subject to careful judicial scrutiny, courts must also be mindful to defer to agency expertise, particularly with respect to scientific matters within the purview of the agency. See Anderson v. Evans, 371 F.3d 475, 489 (9th Cir.2004). As the Supreme Court stated in Citizens to Preserve Overton Park, Inc. v. Volpe, “the ultimate standard of review is a harrow one,” and “[t]he court is not empowered to substitute its judgment for that of the agency.” 401 U.S. 402, 416, 91 S.Ct. 814, 28 L.Ed.2d 136 (1971).

III. NATIONAL ENVIRONMENTAL POLICY ACT

NEPA “is our basic national charter for protection of the environment.” 40 C.F.R. § 1500.1(a). It is a procedural statute that requires the Federal agencies to assess the environmental consequences of their actions before those actions are undertaken. For “major federal actions significantly affecting the quality of the human environment,” 42 U.S.C. § 4332

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387 F.3d 989, 59 ERC 1389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klamath-siskiyou-wildlands-center-v-bureau-of-land-management-ca9-2004.