Native Ecosystems Council v. Marten

Authors

Rebecca A. Newsom, Alexander Blewett III School of Law at the University of MontanaFollow

Case Summary Citation

Native Ecosystems Council v. Marten, 883 F.3d 783 (9th Cir. 2018).

Abstract

In Native Ecosystems Council v. Marten, the Ninth Circuit found that the United States Forest Service did not violate the Endangered Species Act, National Forest Management Act, or National Environmental Policy Act, when it proposed the Lonesome Wood Vegetation Management 2 Project in the Gallatin National Forest of Montana, even though the decision was inconsistent with the United States Forest Service’s reports. The Ninth Circuit’s holding demonstrated the wide amount of deference the courts will give the Forest Service when determining the best available scientific data.