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Sierra Club Lawsuits

Federal Court Issues Decision to Protect National Forests and Wildlife, Rejects Bush-Era Rules

Case Updates:

July 1, 2009

Sierra Club and its allies achieved a major victory for the environment when on June 30, 2009 the U.S. District Court for the Northern District of California overturned the Bush Administration’s last attempt to weaken rules governing management of America’s national forests and wildlife. A coalition of environmental groups initially challenged the 2008 Bush rule because it repealed key protections for national forests mandated under the National Forest Management Act.

The 2008 rule mirrored another issued by the Bush administration in 2005, which was also thrown out by a federal court. Like the 2005 rule, the 2008 rule eliminated mandatory protections in place since the Reagan administration that require the national forests to be managed to guarantee viable wildlife populations, to preserve healthy streams and lakes, and to protect diverse natural forests. The Bush rules also sought to reduce public participation in decisions about the management of public forests.

The court found that the Forest Service violated the National Environment Policy Act by failing to adequately analyze the environmental impacts of the new regulations. The court also ruled that the Forest Service violated the Endangered Species Act by failing to examine the effects of eliminating wildlife protection standards for protected species.

This is a monumental victory that will ensure better management and protection of America’s 155 national forests and 20 national grasslands. As Sierra Club executive director Carl Pope said, “[this] decision offers an opportunity to restore traditional safeguards to America's forests and wildlife. The Bush administration attempted a wholesale gutting of the rules that have protected America’s national forest system for years. Weakening these regulations would have opened our last wild forests to unchecked logging and industrial development, with no regard for the impacts on wildlife, the environment, or recreational users. We’re pleased that the court has recognized the importance of protecting our forests for future generations.”

Sierra Club and its allies were represented in this case by Earthjustice attorneys Trent Orr and Tim Preso, and Defenders of Wildlife attorney Sierra Weaver.

Details and Documents:

Order Granting Plaintiffs' Motion for Summary Judgment
United State District Court for the Northern District of California, June 30, 2009

Bush-Era Rules Abandoning Wildlife Protections Rejected by Federal Court, Again
Earthjustice et al. Press Release, July 1, 2009