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9th Circuit Axes Bush Forestry Initiative

Law360 (December 5, 2007, 12:00 AM EST) -- Finding the United States Forest Service's program to prevent forest fires by destroying acres of trees “arbitrary and capricious,” an appeals court on Wednesday sided with the Sierra Club and put a halt to the government agency's plans.

The case concerns the Forest Service's plans to create a new “categorical exclusion” under the National Environmental Policy Act. As part of its Healthy Forests Initiative, started in response to an especially damaging fire season in 2000, the Forest Service developed a Fuels CE for regional foresters....
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