Greg Loarie [attorney, Earthjustice]: "At its core, Sierra Forest Legacy v. Rey (incorrectly titled CBD v. Rey) challenges the 2004 Sierra Nevada Forest Plan Amendment (also known as the "2004 Framework"), which establishes management direction for all 11 national forests in the Sierra Nevada. The 2004 Framework replaced the original "2001 Framework," which set forth a balanced approach for conserving species and reducing the risk of wildfire and was widely regarded as the new gold standard for ecosystem-based forest management. The 2004 Framework abandoned the 2001 Framework's carefully crafted standards, and called for a drastic increase in logging of large, fire-resilient trees throughout the Sierra.
When it adopted the 2004 Framework, the Forest Service acknowledged that logging large trees does not reduce the risk of wildfire, but it claimed that such logging was necessary to finance the removal of smaller trees and brush. Quite literally, the 2004 Framework lost sight of the forest for the trees. Our clients argued, and the Ninth Circuit agreed, that the Forest Service's failure to consider any alternative options for financing fuel reduction activities violated the National Environmental Policy Act. Accordingly, the Ninth Circuit enjoined the Forest Service from carrying out aspects of three logging projects – totaling 12,000 acres – in the northern Sierra Nevada that implement the 2004 Framework and would be inconsistent with the 2001 Framework.
In our view, the Ninth Circuit's repudiation of the 2004 Framework is an important legal victory that should shift the Forest Service's attention away from the last big trees in the backcountry and back to the important fuel reduction activities that are needed around Sierra communities."