Sierra Club v Bosworth

5 Dec 07 - Click HERE to see full text.
The 9th U.S. Circuit Court of Appeals has ruled that the U.S. Forest Service violated the National Environmental Policy Act in establishment of a NEPA categorical exclusion (“Fuels CE”) for all fuel reduction projects up to 1,000 acres and prescribed burn projects up to 4,500 acres on all national forests in the United States. The Forest Service failed to conduct proper scoping for the categorical exclusion and failed to assess its significance, including cumulative significance. A categorical exclusion may not have significant impacts. The court also found significant public controversy, which also invalidates a categorical exclusion.