Description: Challenge to the environmental review for a fuel-reduction project in Shasta-Trinity National Forest.
Conservation Congress v. U.S. Forest Service
Filing Date Type File Action Taken Summary 05/28/2020 Order Download Motion to supplement the administrative record granted in part. Federal Court Allowed Addition of Climate Change Documents to Administrative Record in NEPA Challenge to Fuel-Reduction Project. The federal district court for the Eastern District of California allowed plaintiffs challenging a fuel-reduction project in Shasta-Trinity National Forest to supplement the administrative record in support of a claim that the U.S. Forest Service should have considered greenhouse gas emissions in assessing whether to prepare a supplemental environmental impact statement pursuant to the National Environmental Policy Act (NEPA). The two documents that the court allowed to be added to the record were a “Forest Carbon” chapter in a 2016 update to the Forest Service’s Resource Planning Act Assessment and a 2016 Forest Service document that described how to account for climate change when conducting a NEPA analysis. Because the documents did not exist at the time the Forest Service issued its record of decision in 2013, the court denied the plaintiffs’ request to add the documents to the record for their claim that the Forest Service failed to take a hard look.