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10 Vt. J. Envt. L. 213 (2008-2009)
Legal Implications of Forest Management Science in National Environmental Policy Act Analysis

handle is hein.journals/vermenl10 and id is 225 raw text is: LEGAL IMPLICATIONS OF FOREST MANAGEMENT SCIENCE IN NATIONAL ENVIRONMENTAL POLICY ACT ANALYSES Jerry Magee* TABLE OF CONTENTS Introduction ......................................................................................................... 214 I. Standard of Review for NEPA Challenges ................................................ 215 II. Forest Management Science in NEPA Analyses ..................................... 216 III. Science and Agency Deference under NEPA ......................................... 218 IV. Current Ninth Circuit Rulings Involving Forest Management S cien ce ........................................................................................................ 220 V. Implications and Outcome of Recent Ninth Circuit Trends .................. 223 C onclusion ........................................................................................................... 227 ABSTRACT Science is having an increasingly influential role in shaping federal forest management policies and, consequently, forest management litigation in the United States. The National Environmental Policy Act (NEPA) requires integration of the natural and social sciences with the environmental design arts in planning and decision making, while NEPA 's implementing regulations mandate accurate scientific analysis and scientific integrity. Insofar as forest management decisions and the impacts of those decisions are based on science, the scientific methodologies used * M.E.L.P. 2008, Vermont Law School; Wilderness/National Landscape Conservation System Program Lead, USDI, Bureau of Land Management, Oregon-Washington State Office, P.O. Box 2965, Portland, Oregon 97208; Telephone: (503) 808-6086; FAX: (503) 808-6021; Email: gmagee@blm.gov. The author wishes to thank Jack Tuholske, Visiting Assistant Professor of'Vermont Law School, for introducing me to this subject through his pilot Public Land Management, Missoula Field Seminar held in Missoula, Montana, in August 2007. Class readings and speakers, including key players in some of the cases cited herein-who I also wish to thank for their candor--provided both exposure and inspiration for me to delve further into the subject of science used in NEPA analyses and associated litigation trends. I also wish to thank Roger Nesbit, U.S. Department of Interior Solicitor and a Special Assistant U.S. Attorney, for his assistance in finding additional court rulings related to this subject, and VJEL's review and editorial staff for their meticulous work on this article.

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