Conservation Congress v. U.S. Forest Service

This case involves challenges to the adequacy of the United States Forest Service’s biological assessment authorizing a timber sale in the Shasta-Trinity National Forest of Northern California. The plaintiff requested an injunction under the Endangered Species Act (“ESA”) alleging that the Forest Service failed to adequately evaluate the effects the timber sale could have on the northern spotted owl’s critical habitat. The Ninth Circuit affirmed the District Court for the Eastern District of California, finding that the Forest Service’s actions did not violate the ESA and that the ESA imposes a lesser requirement than the National Environmental Policy Act (“NEPA”) in assessing cumulative environmental impacts of unrelated projects in the same area.