Legal Opinion

Sierra Club v. Mike Espy, in His Official Capacity as Secretary of Agriculture

Court of Appeals for the Fifth Circuit

Decided December 21, 1994No. 93-5050PublishedCited by 78 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

The district court issued a preliminary injunction barring the Forest Service from conducting even-aged management in any of the four Texas national forests. The injunction was based on the district court’s finding of probable success on plaintiffs’ claims under two statutes: the National Forest Management Act, 16 U.S.C. §§ 1600-1614, and the National Environmental Policy Act, 42 U.S.C. §§ 4321^347. The government and the timber industry intervenors bring this interlocutory appeal challenging the district court’s order.

We disagree with the district…

2Cases cited18 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Robertson v. Methow Valley Citizens CouncilSupreme Court of the United States · 1989
  3. Kleppe v. Sierra ClubSupreme Court of the United States · 1976
  4. Crandon v. United StatesSupreme Court of the United States · 1990
  5. Sierra Club v. EspyCourt of Appeals for the Fifth Circuit · 1994

13 more not listed; retrieve them via the Exa API.

3Cited by78 opinions

  1. Native Ecosystems Council v. United States Forest ServiceCourt of Appeals for the Ninth Circuit · 2005
  2. James Kleissler Susan Curry Arthur Clark Rodger Clarke Eloise Glenn Michael Kaizar Heartwood, Inc. v. United States Forest Service Michael P. Dombeck, Chief Forester for the Eastern Region, United States Forest Service Robert T. Jacobs, Forester for the Eastern Region--United States Forest Service John Palmer, Forest Supervisor for the Allegheny National Forest--United States Forest Service v. Ridgway Area School District Bradford Area School District Kane Area School District Johnsonburg Area School District Smethport Area School District Cherry Grove Township Hamilton Township Hamlin Township Highland Township Wetmore Township Township of Jones Brookville Wood Products, Inc. Northeast Hardwoods Ridgway Lumber Company Allegheny Hardwood Utilization Group, Inc., Payne Forest Products, Inc. Spilka Wood Products Company, Intervenor-DefendantsCourt of Appeals for the Third Circuit · 1998
  3. Sierra Club v. MaritaCourt of Appeals for the Seventh Circuit · 1995
  4. Sierra Club v. PetersonCourt of Appeals for the Fifth Circuit · 2000
  5. Earth Island Institute v. United States Forest ServiceCourt of Appeals for the Ninth Circuit · 2012

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