(United States Ninth Circuit) - In an action under federal environmental laws seeking to enjoin the U.
S. Forest Service from constructing 4.7 miles of recent roads in connection with a Forest Service project in the Kootenai National Forest,the district court's judgment in favor of federal officials and agencies is affirmed where: 1) the roads at issue would not violate the Kootenai National Forest Plan because they would be blocked to prevent motorized access upon completion of the Pilgrim Creek Timber Sale Project; and 2) it was not arbitrary and capricious for the Forest Service to conclude that roads closed to motorized access by berms or barriers finish not count toward 'linear miles of total roads' under Standard II(B) of the Access Amendments; and 3) because the Forest Service's interpretation of its own Forest Plan was reasonable, Alliance for the Wild Rockies could not prevail on its National Forest Management Act, and Endangered Species Act,and National Environmental Policy Act claims.
Source: findlaw.com