DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
111661P.pdf 11/16/2011 Friends of the Norbeck v. United States Forest Service
U.S. Court of Appeals Case No: 11-1661
U.S. District Court for the District of South Dakota - Rapid City
[PUBLISHED] [Murphy, Author, with Bye and Smith, Circuit Judges]
Civil case - Environmental law. Plaintiffs did not exhaust their
administrative remedies for their NEPA claim; the Record of Decision and
the final EIS make clear that the Forest Service considered the habitat
needs of various game animals and birds, as well as the effect of logging
and burning activities, and the management plan it developed to limit the
spread of mountain pine beetle while balancing the habitat needs of the
animals and birds in the preserve was neither arbitrary nor capricious.