Forest Health Projects on Fremont-Winema National Forest Can Proceed After Ninth Circuit Decision
By American Forest Resource Council
The American Forest Resource Council (AFRC) announced a significant legal victory in the U.S. Court of Appeals for the Ninth Circuit concerning three critical forest management projects—Baby Bear, Bear Wallow, and South Warner—on the Fremont-Winema National Forest.
The Ninth Circuit upheld the U.S. Forest Service’s use of the timber stand and/or wildlife habitat categorical exclusion (CE-6) under the National Environmental Policy Act (NEPA), rejecting the claims made by Oregon Wild and WildEarth Guardians that CE-6 has an implied acreage limitation.
The plaintiffs challenged the projects, which cover a total area ranging from 3,000 to 16,000 acres of commercial thinning, on the grounds that the Forest Service had misused CE-6. They argued that the categorical exclusion should not apply to “large-scale” projects like these.
However, the Ninth Circuit ruled that CE-6 contains no acreage limitation, affirming that the Forest Service appropriately applied CE-6 to improve forest stand conditions and wildlife habitat, in compliance with both federal law and NEPA regulations.
AFRC participated in the litigation as amicus, both at the district court and appellate levels.
“The Court reaffirmed that CE-6 can be used for projects of this scale, ensuring that vital forest management efforts can proceed without the unnecessary delays of extended environmental reviews. This ruling allows these projects to continue their important work in maintaining healthy forests and reducing the risk of catastrophic wildfires,” said AFRC General Counsel Sara Ghafouri.
The Court’s decision also follows precedent from the Mountain Communities for Fire Safety v. U.S. Forest Service case, which upheld CE-6 as applicable for timber stand improvements, reinforcing that commercial thinning and other forest health projects can be expedited under this exclusion.
The Baby Bear, Bear Wallow, and South Warner projects are essential to improving forest resilience and wildlife habitat across the Fremont-Winema National Forest. They allow for commercial thinning without herbicide use and with minimal road construction, all within the legal framework of CE-6. The ruling ensures that these projects will not face additional legal obstacles, paving the way for sustainable forest management practices to continue without delay.
This case is particularly notable given the high rate of litigation surrounding NEPA cases. According to a report from the Breakthrough Institute, anti-forestry groups like Oregon Wild and WildEarth Guardians are among the top ten organizations responsible for most forest management challenges between 2013 and 2022. Collectively these organizations lost a significant portion of their cases, but they extended project timelines by an average of 3.7 years. The Ninth Circuit’s ruling underscores the importance of forest management initiatives and the need to limit litigation that unnecessarily delays critical environmental work.
“As wildfires increasingly threaten communities, forest management projects like these are indispensable for public safety, forest health, and wildlife conservation,” Ghafouri said. “AFRC remains committed to supporting science-based forest management solutions that benefit both the environment and rural communities across the West.”
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About the American Forest Resource Council
AFRC is a regional trade association representing over 50 forest product businesses and forest landowners whose purpose is to advocate for sustained yield timber harvests on public timberlands throughout the West to enhance forest health and resistance to fire, insects, and disease. We do this by promoting active management to attain productive public forests, protect adjoining private forests, and assure community stability. We work to improve federal and state laws, regulations, policies, and decisions regarding access to and management of public forest lands and protection of all forest lands. AFRC strongly believes that healthy managed forests are essential to the integrity of both ecosystems and communities. For more information, visit amforest.org
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