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UTAH ENVIRONMENTAL CONG. v. DALE BOSWORTH

No. 05-4102.

443 F.3d 732 (2006)

UTAH ENVIRONMENTAL CONGRESS, Plaintiff-Appellant, v. DALE BOSWORTH, in his official capacity as Chief of the United States Forest Service; United States Forest Service; Mary Erickson, in her official capacity as Supervisor of the Fishlake National Forest; and D. Fred Houston, in his official capacity as Richfield District Ranger of the Fishlake National Forest, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 6, 2006.

Attorney(s) appearing for the Case

Joel Ban, WildLaw, Salt Lake City, UT, for Plaintiff-Appellant.

Mark R. Hagg, Attorney, Environment & Natural Resources Division, Department of Justice, Washington, D.C. (Kelly A. Johnson, Acting Assistant Attorney General, and Todd S. Aagaard, Attorney, Environment & Natural Resources Division, Department of Justice, Washington, D.C., and Elise Foster, Of Counsel, United States Department of Agriculture, Ogden, UT, with him on the brief), for Defendants-Appellees.

Before HENRY, EBEL, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

In 2004, the United States Forest Service approved a 123-acre timber-thinning project to treat beetle-infested trees in Utah's Fishlake National Forest. Its approval was made pursuant to a categorical exclusion, a streamlined process allowing minor projects to be quickly implemented so long as they have no significant effect on the environment. As a result of this decision, Utah Environmental Congress ("UEC") appealed to the district court...

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