Swanson v. United States Forest Service

D.W. NELSON, Senior Circuit Judge:

Appellants John Swanson and Idaho Sportsmen’s Coalition (“ISC”) challenge the decision of the Appellee United States Forest Service to authorize timber sales and road construction within the Cove and Mallard drainages of the Nez Perce National Forest. ISC maintains that in authorizing the sales, the Forest Service failed to comply with the Endangered Species Act (“ESA”),1 the National Environmental Policy Act (“NEPA”), the National Forest Management Act (“NFMA”), and the Clean Water Act (“CWA”). The district court granted summary judgment on all but the Clean…