Fourth Circuit Finds Forest Service Did Not Speak For The Trees
December 17, 2018
Adam R. Podowitz-Thomas
MGKF Litigation Blog
Quoting a Dr. Seuss book, the United States Court of Appeals for the Fourth Circuit on Thursday issued its opinion in Cowpasture River Preservation Association v. United States Forest Service,No. 18-1144 (4th Cir. Dec. 13, 2018). The Court held that the US Forest Service (the “Forest Service”) violated the National Forest Management Act (“NFMA”) and the National Environmental Policy Act (“NEPA”), as well as lacked statutory authority under the Mineral Leasing Act (“MLA”) to grant a pipeline right of way across the Appalachian National Scenic Train (the “Appalachian Trail”), failing to “speak for the trees” as Seuss’s Lorax directs.
