Earth Island Institute v. United States Forest Service

OPINION

N.R. SMITH, Circuit Judge:

Under the National Forest Management Act (“NFMA”), an agency’s project is required to comply with 1982 viability requirements only to the extent they have been incorporated in the relevant forest plan. Earth Island Inst. v. Carlton, 626 F.3d 462, 470 (9th Cir.2010). Here, we conclude that the Lake Tahoe Forest Plan did not require the Forest Service to demonstrate at the project level that the Angora Fire Restoration Project (“Angora Project”) would maintain viable population levels of management indicator species, including the black-backed woodpecker.…