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Sierra Club v. Espy

United States Court of Appeals for the Fifth Circuit

38 F.3d 792 (1994)

Relevant factsFree

The Sierra Club and Wilderness Society (plaintiffs) sought to enjoin the U.S. Forest Service (defendant) from using even-aged (clearcutting) timber management in Texas national forests, arguing the practice violated the National Forest Management Act (NFMA) and NEPA; the Forest Service's environmental assessments had considered no-action, even-aged, and uneven-aged alternatives, factoring in old-growth ecosystem impacts, with even-aged management as the preferred overall approach though varying by individual timber sale. The district court granted a preliminary injunction, reasoning the NFMA permitted even-aged management only in exceptional circumstances, and the Forest Service appealed.

IssueFree

Whether the National Forest Management Act permits the use of even-aged management in logging only in exceptional circumstances.

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