Hapner v. Tidwell

The Ninth Circuit Court of Appeals affirmed the district court’s decision, holding that the brief discussion of climate change in the environmental assessment was appropriate given that the project involved a small amount of land and it would thin rather than clear cut trees.

Filing Year For Action

Environmental groups filed a lawsuit challenging a U.S. Forest Service decision to remove timber for fire protection purposes. The groups alleged, among other claims, that the Forest Service did not comply with the National Environmental Policy Act because the environmental assessment prepared by the agency did not look at the effects of climate change would have on the decision. The court disagreed, finding that no such analysis was required because the action would not have a direct effect on climate change. The court found other shortcomings in the review of the action and therefore enjoined the Forest Service from commencing the project until it had completed additional work.

Filing Year For Action