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Newton County Wildlife Ass'n v. United States Forest Serv.

United States Court of Appeals for the Eighth Circuit

December 12, 1996, Submitted ; May 6, 1997, Filed

Nos. 96-1994, 96-3463

Opinion

 [*112]  LOKEN, Circuit Judge.

Newton County Wildlife Association, the Sierra Club, and certain individuals (collectively "the Wildlife Association") sued the United States Forest Service and four of its employees (collectively the "Forest Service") seeking judicial review of four timber sales in the Ozark National Forest. Parties favoring timber harvesting intervened to support the Forest Service. The Wildlife Association filed sequential motions to preliminarily enjoin the sales as violative of the Wild and Scenic Rivers Act ("WSRA"), 16 U.S.C. §§ 1271 et seq., and the Migratory Bird Treaty Act ("MBTA"), 16 U.S.C. §§ 703 et seq. The district court 1 separately denied each motion, and the Wildlife Association separately appealed those orders. We consolidated the appeals and now affirm.

 [**2] I. WSRA Issues.

Enacted in 1968, ] WSRA authorizes Congress or a responsible federal agency to designate river segments that possess "outstandingly remarkable" environmental or cultural values as "components of the national wild and scenic rivers system." 16 U.S.C. §§ 1271, 1274. The responsible federal agency, here the Forest Service, must establish detailed boundaries for each designated segment, including an average of not more than 320 acres of land per mile along both sides of the river. § 1274(b). Under a 1986 amendment, the agency must also prepare a "comprehensive management plan" within three fiscal years after a river segment is designated. The plan "shall address resource protection, development of lands and facilities, user capacities, and other management practices necessary and desirable to achieve the purposes of [WSRA]." § 1274(d)(1).

In 1992, Congress designated segments of six rivers within the Ozark National Forest. The Forest Service's three-year deadline for completing comprehensive management plans for these segments (the "Plans") was September 30, 1995. It is undisputed that the Plans were not completed on time. Therefore, the Wildlife Association [**3]  argues that logging under the four timber sales must be preliminarily enjoined until the agency complies with this statutory mandate.

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113 F.3d 110 *; 1997 U.S. App. LEXIS 9992 **; 28 ELR 20020; 44 ERC (BNA) 2017

Newton County Wildlife Association; Sierra Club; Kent Bonar; Herb Culver; Howard Kuff; Tom McKinney; Jerry Williams, Plaintiffs - Appellants, v. United States Forest Service; George Rogers; Gregory A. Hatfield; Robert C. Joslin; Lynn C. Neff, Defendants - Appellees, Arkansas Forestry Association, et al., Intervenors - Appellees.

Subsequent History:  [**1]  Rehearing and Suggestion for Rehearing En Banc Denied August 6, 1997, Reported at: 1997 U.S. App. LEXIS 21767. Certiorari Denied February 23, 1998, Reported at: 1998 U.S. LEXIS 874.

Prior History: Appeals from the United States District Court for the Eastern District of Arkansas. LR-C-95-673. Honorable William Wilson, District Judge.

Disposition: Affirmed.

CORE TERMS

Wildlife, Forest, timber sale, Plans, designated, river, segment, Fish, migratory, judicial review, district court, argues, enjoin, treaty, claim for relief, approving, prepare, injunctive relief, regulations, kill

Environmental Law, Natural Resources & Public Lands, Forest Management, Governments, Public Lands, Forest Lands, General Overview, Wild & Scenic Rivers, Federal Government, Property, Civil Procedure, Remedies, Injunctions, Preliminary & Temporary Injunctions, Trials, Bench Trials, Administrative Law, Judicial Review, Pleadings, Complaints, Requirements for Complaint, Administrative Proceedings & Litigation, Judicial Review, Pleading & Practice, Fish & Wildlife Protection, International Trade Law, Forfeitures & Penalties, Criminal Law & Procedure, Miscellaneous Offenses, Cruelty to Animals, Elements, Trade Agreements, Environmental Provisions