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EARTH ISLAND INSTITUTE v. U.S. FOREST SERVICE

No. 11-16718.

697 F.3d 1010 (2012)

EARTH ISLAND INSTITUTE; Center for Biological Diversity, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE; Nancy Gibson, in her official capacity as Forest Supervisor for the Lake Tahoe Basin Mgt. Unit, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 2012.

Attorney(s) appearing for the Case

Rachel M. Fazio , Cedar Ridge, CA, for the appellants.

Vivian H.W. Wang , U.S. Department of Justice, Environment & Natural Res. Div., Washington, D.C., for the appellees.

Before: STEPHEN REINHARDT, RICHARD R. CLIFTON, and N. RANDY SMITH, Circuit Judges.

OPINION

N.R. SMITH, Circuit Judge:

Under the National Forest Management Act ("NFMA"), an agency's project is required to comply with 1982 viability requirements only to the extent they have been incorporated in the relevant forest plan. Earth Island Inst. v. Carlton, 626 F.3d 462, 470 (9th Cir.2010). Here, we conclude that the Lake Tahoe Forest Plan did not require the Forest Service to demonstrate at the project...

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