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The Climate Litigation Database

Swomley v. Schroyer

Geography
Year
2019
Document Type
Litigation
Part of

About this case

Filing year
2019
Status
Petition dismissed and judgment granted to the Forest Service.
Docket number
1:19-cv-01055
Court/admin entity
United StatesUnited States Federal CourtsUnited States District Court for the District of Colorado (D. Colo.)
Case category
Federal Statutory Claims (US)NEPA (US)
Principal law
United StatesAdministrative Procedure Act (APA)United StatesNational Environmental Policy Act (NEPA)
At issue
Challenge to U.S. Forest Service’s approval of a timber project authorizing logging on 1,631 acres in the White River National Forest in Colorado.
Topics
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Documents

Filing Date
Document
Type
Topics 
Beta
09/03/2020
Petition dismissed and judgment granted to the Forest Service.
The federal district court for the District of Colorado upheld the U.S. Forest Service’s approval of a timber project authorizing logging on 1,631 acres in the White River National Forest in Colorado. The court rejected three claims under the National Environmental Policy Act, including an argument that the Forest Service failed to consider foreseeable greenhouse gas emissions and the project’s indirect and cumulative effect on global warming. The court found that the petitioners did not show that emissions from the project—which the court characterized as a “relatively small timber and biomass project”—would likely result in a cumulatively significant impact. The court distinguished this case from other cases in which consideration of emissions was required, indicating that in those cases “the significance of emissions was often beyond doubt.”
Decision

Summary

Challenge to U.S. Forest Service’s approval of a timber project authorizing logging on 1,631 acres in the White River National Forest in Colorado.

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Group
Topics
Risk
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience