Case Law Details
Thomas v. Peterson
Project Description:
The U.S. Forest Service proposed to construct a timber road in the Nezperce National Forest. The Forest Service prepared an environmental assessment (EA) for the road addressed only impacts of the road itself. There was no analysis of the timber sales that the road was designed to facilitate. After the Forest Service issues a Finding of No Significant Impact (FONSI) for the road project, it issued two separate EAs for two timber sales that would utilize the road. Neither of the EAs for the timber sales contained an analysis of the cumulative effects of the timber sales or the road.
753 F. 2d 754
753 F. 2d 754
U.S. Court of Appeals – 9th Circuit
02/11/1985
Jersey Jack Timber Road
Other
Case Summary
Plaintiffs challenged the adequacy of the EA and FONSI for the road project, claiming that the road and the timber sales that were designed to use the road were connected actions for NEPA purposes. The district court rejected the claim, but the Ninth Circuit reversed.
Key Holdings
NEPA
Connected Actions. The court of appeals, citing the Council on Environmental Quality (CEQ) NEPA regulations, found that the Forest Service was required to consider the road and timber sales designed to use the road in a single EIS. The court noted that the road and timber sales fell within the definition of connected actions as stated in 40 C.F.R. § 1508.25(a). The court stated that it was “clear that the timber sales cannot proceed without the road, and the road would not be built but for the contemplated timber sales.” The court noted that the Forest Service itself acknowledged the interdependence of the road and timber sales, citing a letter from the Regional Forester to the Forest Supervisor which states that “sales in the immediate future will be dependent on the early completion of portions of the Jersey Jack Road.”
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