9 Crit 1 (2015-2016)

handle is hein.journals/tcrit9 and id is 1 raw text is: 




NEPA- CUMULATIVE EFFECTS OF PAST ACTIONS: WHY THE U.S. FOREST SERVICE
  WILL PREVAIL AT THE NINTH CIRCUIT COURT OF APPEALS IN FRIENDS OF THE
                                 WILD SWAN V. GARCIA

                                      ERIC ANDERSON*


                                      TABLE OF CONTENTS


IN T R O D U C T IO N   ................................................................................................................................  2
I. B A CK G R O U N D   ........................................................................................................................ 3
  A . The C olt  Sum m it P roject  ................................................................................................... .  3
  B . L eg a l  C o n tex t ..........................................................................................................................  3
     1. T he  E ndangered  Species  A ct  ...........................................................................................  3
     2. The N ational Environm ental Policy  A ct ............................................................................. 4
       i. Te-Moak Tribe of Western Shoshone of Nevada v. U.S. Department of Interior ........... 5
       ii. Center for Environmental Law and Policy v. United States Bureau of Reclamation ..... 6
II .  A N A L Y S IS  ....................................................................................................................................  8
  A. The District Court Incorrectly Relied on Ninth Circuit Precedent Requiring a Detailed
  Catalog of Reasonably Foreseeable Projects, Whereas Past Projects are at Issue in Friends.. 9
  B. By Failing to Correctly Follow Ninth Circuit Precedent, the Friends Court Was Blinded to
  the Fact it Must Look to the Entire Record When Determining if an Agency Has Sufficiently
  Analyzed  Cumulative Effects of Past Projects .......................................................................... 11
  C. Failing to Follow Ninth Circuit Precedent Resulted in the Court's Inability to Recognize
  Adequacy of the Forest Service's Characterization ofAggregate Cumulative Effect of Past
  P rojects A nalysis  on  Lynx  .................................................................................................... . .  13
III .  C O N C L U SIO N   ............................................................................................................................  1 7











* Eric Anderson was raised southwest of Missoula in rural Western Montana where his love affair with the outdoors
began. After graduating from high school, a soccer scholarship took him to Concordia College in Portland, Oregon,
but his youthful lack of discipline still required tempering to find success in academia. After spending over a decade
fighting wildfires, commercial fishing up and down the West Coast, and leading a trail crew for the U.S. Forest
Service, Eric went back to school and graduated from the University of Montana with a B.A. in Clinical Psychology
at 36 years old. Seeking to leave his imprint on the natural world, he chose to pursue a J.D., emphasizing in Natural
Resource and Environmental Law, concurrently with an M.S. in Bioregional Planning and Community Design at the
University of Idaho. He currently lives in Bonners Ferry, Idaho, where he lives with his wife Jennifer, dog Indy, two
fat lazy cats, and works with Wilson Law Firm.

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