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Habitat Education Center v. U.S. Forest Service

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ARGUED FEBRUARY 26, 2010

Before FLAUM and WOOD, Circuit Judges, and ST. EVE, District Judge.*fn1

Habitat Education Center appeals from a grant of summary judgment to the United States Forest Service in a lawsuit challenging the environmental impact statement (“EIS”) prepared by the agency in connection with a forest management project in the Chequamegon-Nicolet National Forest in northern Wisconsin. The project at issue is a timber sale known as the “Twentymile” project. In the district court, the plaintiffs made several challenges to the adequacy of the EIS. On appeal, they argue only that the EIS failed to describe the reasonably foreseeable cumulative effects of another proposed timber sale, known as the “Twin Ghost” project. We conclude that at the time the EIS was being prepared, the Twin Ghost project was too nebulous to be discussed in any meaningful way, and thus affirm the district court’s grant of summary judgment to the Forest Service.

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