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ENVIRONMENTAL LAW

Holding: The 9th Circuit held the Forest Service failed to meet the
requirements of NHPA and NEPA.  Its attempt to mitigate the adverse
effect of transferring portions of the Divide Trail by documenting the
trail did not comport with the regulations.  It did not adequately
consider the cumulative impacts of the Huckleberry Exchange in
conjunction with past or reasonably certain future transactions.  To the
extent it attempted an analysis of cumulative impacts, the analysis was
one-sided.  Finally, it did not consider adequate alternatives to
implement the Exchange.

Plaintiffs Muckleshoot Indian Tribe, Pilchuck Audubon Society, and
Huckleberry Mountain Protection Society appealed the district court's
grant of summary judgment on consolidated challenges to a land exchange
between the United States Forest Service and Weyerhaeuser Company.=20
Plaintiffs contended that the Forest Service violated the National
Environmental Policy Act (NEPA), 42 U.S.C. S 4332, and the National
Historic Preservation Act (NHPA), 16 U.S.C. S 1291. REVERSED.
=20
Additionally, the 9th Circuit issued an order pursuant to this opinion
enjoining any further activities on the land as would be undertaken
pursuant to the Huckleberry Mountain Exchange Agreement as executed by
the United States and Weyerhaeuser Company on March 28, 1997, until the
Forest Service satisfies its statutory obligation in a manner consistent
with this Court's opinion. ORDERED.
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Doe v. Madison School District No. 321
No. 97-35642 (05/19/99)
Before Circuit Judges Browning, Pregerson, Reinhardt, Fernandez, Rymer,
T.G. Nelson, Thomas, Silverman, Graber, McKeown, and Wardlaw
http://laws.findlaw.com/9th/9735642.html