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The Climate Litigation Database

Hapner v. Tidwell

Geography
Year
2008
Document Type
Litigation
Part of

About this case

Filing year
2008
Status
Defendants' and plaintiffs' motions for summary judgment granted in part and denied in part; judgment entered in favor of plaintiffs.
Docket number
CV 08-92-M-DWM
Court/admin entity
United StatesUnited States Federal CourtsUnited States District Court for the District of Montana (D. Mont.)
Case category
Federal Statutory Claims (US)NEPA (US)
Principal law
United StatesNational Environmental Policy Act (NEPA)
At issue
Challenge to proposed U.S. Forest Service plan to remove timber, including on grounds that environmental assessment did not look at proposed effects of climate change.
Topics
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Documents

Filing Date
Document
Type
Topics 
Beta
10/30/2008
Defendants' and plaintiffs' motions for summary judgment granted in part and denied in part; judgment entered in favor of plaintiffs.
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.
Decision

Summary

Challenge to proposed U.S. Forest Service plan to remove timber, including on grounds that environmental assessment did not look at proposed effects of climate change.

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Group
Topics
Policy instrument
Risk
Impacted group
Renewable energy
Greenhouse gas
Economic sector
Adaptation/resilience