The quick and the dead: Earth Island v. Forest Service and the risk of forest service financial bias in post-fire logging adjudications. From: Environmental Law | Date: June 22, 2007| Author: | COPYRIGHT 2007 Lewis & Clark Northwestern School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group.Copyright information

In Earth Island Institute v. Forest Service (2003), and again in an identically titled 2006 case, the Ninth Circuit heard arguments concerning post-fire timber sales in Northern California's Eldorado National Forest. In both cases, the Ninth Circuit determined that the district courts improperly denied preliminary injunctions because the plaintiffs would likely succeed on the merits of their claims alleging that the US. Forest Service failed to comply with various provisions of the National Environmental Policy Act (NEPA) and the National Forest Management Act (NFMA). In concurring opinions ...

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