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Case Summary Citation

697 F.3d 1010 (9th Cir. Sep. 20, 2012)

Abstract

This case reviews challenges to the Forest Service’s project-level compliance with the Forest Plan’s population viability requirements and environmental assessment for the Angora Project in the Lake Tahoe area. The plaintiffs brought challenges under the National Forest Management Act (NFMA) and the National Environmental Policy Act (NEPA), governed by the Administrative Procedure Act’s “arbitrary and capricious” standard. The Ninth Circuit affirmed the District Court for the Eastern District of California’s holding that NFMA did not require an assessment of the quantity and quality of habitat needed for the black-backed woodpecker, and the EA was not arbitrary and capricious pursuant to NEPA.

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