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Sierra Club v. Kimbell

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Submitted: February 9, 2010

Before LOKEN, Chief Judge,*fn1 COLLOTON and GRUENDER, Circuit Judges.

In July 2004, the United States Forest Service issued a Land and Resource Management Plan for the Superior National Forest (the “forest plan”). Sierra Club, Friends of the Boundary Waters Wilderness, and Northeastern Minnesotans for Wilderness (collectively, “Sierra Club”) sought judicial review of the forest plan in the district court. As relevant to this appeal, Sierra Club argued that the Forest Service’s assessment of the forest plan’s environmental impacts violated the National Environmental Policy Act (“NEPA”), 42 U.S.C. §§ 4321-4370h. In particular, Sierra Club claimed that the Forest Service had failed to consider the plan’s effects on the Boundary Waters Canoe Area Wilderness (“BWCAW”). The district court*fn2 determined that the Forest Service had considered adequately the impacts on the nearby wilderness area in accordance with NEPA, and therefore granted the agency’s motion for summary judgment. Sierra Club v. Kimbell, 595 F. Supp. 2d 1021 (D. Minn. 2009). Sierra Club appeals, and we affirm.

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