LEAGUE OF WILDERNESS DEFENDERS v. FORSGREN

No. CV 00-1383-RE.

163 F.Supp.2d 1222 (2001)

LEAGUE OF WILDERNESS DEFENDERS/BLUE MOUNTAINS BIODIVERSITY PROJECT, an Oregon nonprofit corporation; Kettle Range Conservation Group, a Washington nonprofit corporation; The Lands Council, a Washington nonprofit corporation; Hells Canyon Preservation Council, an Oregon nonprofit corporation; Oregon Natural Resources Council, an Oregon nonprofit corporation; American Lands, an Oregon nonprofit corporation; and Northwest Ecosystem Alliance, a Washington nonprofit corporation, Plaintiffs, v. Harv FORSGREN, in his official capacity as Regional Forester, Pacific Northwest Region, U.S. Forest Service, an agency of the United States; and United States Forest Service, an agency of the United States, Defendants.

United States District Court, D. Oregon.

May 7, 2001.


Attorney(s) appearing for the Case

Marianne Dugan, Eugene, OR, Lauren C. Regan, Eugene, OR, Brent Foster, Portland, OR, for Plaintiffs.

Kristine Olson, U.S. Attorney, Thomas C. Lee, Assistant U.S. Attorney, Portland, OR, Val J. McLam Black, Special Assistant U.S. Attorney, Office of General Counsel, USDA, Portland, OR, for Defendants.


OPINION

REDDEN, District Judge.

INTRODUCTION

Plaintiffs challenge defendants' Douglas Fir Tussock Moth (DFTM) Final Environmental Impact Statement (EIS) and May 26, 2000 Record of Decision (ROD) regarding the aerial spraying of approximately 628,000 acres in national forests in Oregon and Washington to control the DFTM. Plaintiffs argue that the spray project violates the National Environmental Policy Act (NEPA) and the Federal Water Pollution...

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