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CA: Appeals court overturns Forest Service logging rule (9th Circus)
AP on Bakersfield Californian ^ | 12/5/07 | AP

Posted on 12/05/2007 3:34:01 PM PST by NormsRevenge

A federal appeals court has ruled the U.S. Forest Service violated federal law when it allowed logging projects without analyzing their effects on the environment.

The 9th U.S. Circuit Court of Appeals sided with environmentalists who challenged a Bush administration rule that exempted certain timber sales and prescribed forest burns from environmental analysis.

The Wednesday decision by the San Francisco-based court overturns a lower court ruling that favored the administration.

The Sierra Club and Sierra Forest Legacy sued in 2004 challenging the Forest Service rule, which has been a key component of the Bush administration's "Healthy Forests Initiative."


TOPICS: Business/Economy; Culture/Society; Government; US: California
KEYWORDS: 9thcircuit; appealscourt; forestservice; healthyforests; logging; overturns

1 posted on 12/05/2007 3:34:03 PM PST by NormsRevenge
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To: SierraWasp

Gang green ping.


2 posted on 12/05/2007 3:35:42 PM PST by ElkGroveDan (If Rudy's an influential conservative, then I'm an award winning concert pianist.)
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To: NormsRevenge

No more prescribed burns for the forests within the boundaries of the ninth circus. Rots o’ ruck, guys.


3 posted on 12/05/2007 3:37:52 PM PST by NonValueAdded (Fred Dalton Thompson for President)
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To: NormsRevenge

In the old days, when I was a biology student, the Forest Service proudly proclaimed multiple use management. I remember studying controlled burns and short but intense periods of grazing to manage the land. And I eventually went into the military.

Fast forward over 25 years...and you can’t do any management without the greenies challenging you in court - when their main goal is to remove all management. After all, who are we to manage Mother Gaia...Brokaw’s woman of the year nominee.


4 posted on 12/05/2007 3:38:49 PM PST by Mr Rogers (Mitt is the Kama Sutra of Republican politics. Huckabee is Sandra Day O'Connor.)
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To: NormsRevenge
The 9th U.S. Circuit Court of Appeals sided with environmentalists...

The Redundant Department of Redundancy?

5 posted on 12/05/2007 3:39:21 PM PST by facedown (Armed in the Heartland)
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Comment #6 Removed by Moderator

To: sandyeggo

I believe it belongs to Sierra Wasp.


7 posted on 12/05/2007 3:43:22 PM PST by ElkGroveDan (If Rudy's an influential conservative, then I'm an award winning concert pianist.)
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To: NormsRevenge
The Sierra Club and Sierra Forest Legacy some of the worst bunches of scum that I have ever seen. They are anti-Human and should be put in jail for their violation of the Constitution. But they have a left-wing fascist court in the 9th so we the people have again seen out Constitution taken over by left-wing anti-American fascist pigs from the anti-human Serra Club.
8 posted on 12/05/2007 3:44:59 PM PST by YOUGOTIT (The Greatest Threat to our Security is the US Senate)
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To: NormsRevenge

On to the SCOTUS for an overturn on the Justice system’s most overturned court.


9 posted on 12/05/2007 4:17:33 PM PST by caisson71
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To: caisson71

They have quite the record,, for being overturned, that is.. lol


10 posted on 12/05/2007 4:23:21 PM PST by NormsRevenge (Semper Fi ... Godspeed ... ICE’s toll-free tip hotline —1-866-DHS-2-ICE ... 9/11 .. Never FoRGeT)
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To: YOUGOTIT
"They are anti-Human and should be put in jail for their violation of the Constitution."

Agreed. They don't care if humans die in massive forest fires caused by their actions, but at least you'd think they would shed a tear when some poor innocent grub gets burned to a crisp.

11 posted on 12/05/2007 4:24:19 PM PST by boop (Who doesn't love poison pot pies?)
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To: ElkGroveDan; forester; Carry_Okie; Grampa Dave; marsh2; NormsRevenge; tubebender; hedgetrimmer; ...
Well, the 9th Circus Clowns couldn't do anything when Mrs. Dashole's little boy got the CONgress to do the very same thing in the forests of South Dakota!!!

This Sierra Flub thrill ride just has to expire someday... SOMEWAY!!! It seems nothing, or no one can stand up to their ownership of the corrupt legal system in this part of the dumbed-down-syndromed country!!!

12 posted on 12/05/2007 4:24:46 PM PST by SierraWasp (Too many NIE contributors are ruthless, rogue resistance agents in our own CIA & State Dep!!!)
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To: SierraWasp

This Sierra Flub thrill ride just has to expire someday... SOMEWAY!!! It seems nothing, or no one can stand up to their ownership of the corrupt legal system in this part of the dumbed-down-syndromed country!!!

Looks like a few more millions acres will have to burn.. and even then.. some are blinded to no end.


13 posted on 12/05/2007 4:26:35 PM PST by NormsRevenge (Semper Fi ... Godspeed ... ICE’s toll-free tip hotline —1-866-DHS-2-ICE ... 9/11 .. Never FoRGeT)
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To: SierraWasp

The SCOTUS will look like the 9th circus if we allow the wrong Demagogue get in the WH and that is not limited to the D’s...


14 posted on 12/05/2007 4:35:37 PM PST by tubebender (The probability of being watched is directly proportional to the stupidity of your act.)
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To: tubebender
"and that is not limited to the D’s..."

So absolutely TRUE!!! (especially when you consider HuckaMcaRudy!!!)

Poor CA is suffering from terminal GANG-GREEN!!! (and it's BI-PARTISAN!!!)

15 posted on 12/05/2007 4:48:59 PM PST by SierraWasp (Too many NIE contributors are ruthless, rogue resistance agents in our own CIA & State Dep!!!)
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To: SierraWasp; tubebender
I don't know what to make of this. I'll take up the "and that is not limited to the D’s..." chant. 

Who would have guessed of the three judges on this panel, it was Thompson and Kleinfeld, appointed by President Reagan and President GHW Bush, that ruled against the Forest Service. Thomas, the Clinton appointed judge, kept the court from a unanimous decision. Go figure!

http://www.ninthcircuitopinions.com/2007/12/05/sierra-club-v-bosworth/

16 posted on 12/07/2007 2:22:58 AM PST by backtothestreets (My bologna has a first name, it's J-O-R-G-E)
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To: backtothestreets; Carry_Okie; forester; marsh2; tubebender; Grampa Dave; NormsRevenge
I'm becoming convinced that Republicans and their appointees are becoming beaten down by the din in the MSM with the tired tirade that "if you're not supportive of the EnvironMental Communutty's positions, you are a threat to the environment!"

If they themselves are not beaten down by this constant castigation, then the spouse is not too kind when he/she finds out why they're not being invited to all the in-crowd's cocktail parties by the dominate political class. Even judges are vulnerable to this "shunning!"

Even their indoctrinated children coming home from school are castigating them and IT HURTS!!!

I think they're just trying to keep peace in their own family for a little domestic tranquility since they rarely have to honestly explain their decisions and when they do they can make stuff up!!!

17 posted on 12/07/2007 8:40:39 AM PST by SierraWasp (Too many NIE contributors are ruthless, rogue resistance agents in our own CIA & State Dep!!!)
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To: SierraWasp; Carry_Okie; forester; marsh2; tubebender; Grampa Dave; NormsRevenge
Since I pointed out that two of the three judges on the 9th U.S. Circuit Court of Appeals panel were Republican appointed judges, maybe the underlying problem is neither the judges or the court.

Could the problem be the two judges based their decision on the law? Is this an instance where the court should not be maligned, but the legislative bodies that wrote and passed the law?

The court is the most obvious target of wrath over this case, but one must consider the judges, especially conservative judges, do not base their decisions on a whim, but written law.

What good will it serve to have the most conservative of presidents elected in 2008 to appoint judges, if Congress continues passing laws that bring harm to the nation?

I hope future posts concerning the 9th Circuit Court remind people that judges are expected to apply the law as written, and if doing so brings an unpopular decision, maybe ... JUST MAYBE, the real problem is not the court, but the written law. If this be the case, the rational approach to correcting the situation is not leveling the ire of people against the court. The rational approach is to seek a more responsible Congress that writes the laws the judges are to apply.

It’s too easy to malign the 9th Circuit Court. In this instance the court is the messenger, and the message the court delivered was given it by Congress. Shooting the messenger will not alter the message an iota.

It may serve the political purpose of some to bring attention to the 9th U.S. Circuit Court of Appeals, but IF the problem is the law itself, such attention misdirects anger, and almost certainly assures the people deserving of scorn are not held accountable.

18 posted on 12/07/2007 10:28:39 AM PST by backtothestreets (My bologna has a first name, it's J-O-R-G-E)
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To: NormsRevenge

So far, our County Board of Sups. has declared the National Forests in Siskiyou County to have conditions of hazardous fuels constituting a public nuisance and have ordered immediate abatement. Last week, by resolution, we required an annual reporting by the Forest Service of carbon emissions due to forest fires and projects done to decrease the hazard. Trinity County actually has an ordinance that applies to both federal and provate lands.

Problem is, I don’t believe we have the power to enforce an abatement order on the feds, so it is largely a political statement. Possibly could have some weight in a future lawsuit when buildings get burned down due to failure to manage fuels exacerbating natural wildfires that burn off the Forest into towns. (Last summer, we had this situation in Happy Camp.)

The “police powers” are vested in County Government, but run only against individual action and not the federal government itself, I am told. CALIFORNIA COASTAL COMM’N v. GRANITE ROCK CO., 480 U.S. 572 (1987)


19 posted on 12/07/2007 10:37:24 AM PST by marsh2
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To: backtothestreets
NEPA may be explicit, but when its prescriptions demonstrably violate its stated purpose, and when there are provisions for exceptions such as the Bush Administration has taken, then the question becomes one of how the law is applied, not whether one can cite provisions that support one's position.

In this instance, the application is an administrative function, in which the court has no business in the first place UNLESS it is demonstrated that the consequences have been systematically reckless, which they have not.

20 posted on 12/07/2007 11:18:01 AM PST by Carry_Okie (Duncan Hunter for President)
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To: Carry_Okie

Being no expert on NEPA, I am admittedly not an authority on the law, nor the intent. I am only saying that when the two judges that ruled against the Bush Administration position are presumably conservative Republican judges, the fault may rest with the law and not the judges.


21 posted on 12/07/2007 11:34:40 AM PST by backtothestreets (My bologna has a first name, it's J-O-R-G-E)
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To: backtothestreets
I am only saying that when the two judges that ruled against the Bush Administration position are presumably conservative Republican judges, the fault may rest with the law and not the judges.

It's a legitimate point, but I have my issues with it. To me, this looks more like the Bush Administration posturing as if it doesn't want forests to burn and then throwing the case.

22 posted on 12/07/2007 11:39:21 AM PST by Carry_Okie (Duncan Hunter for President)
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To: Carry_Okie
"To me, this looks more like the Bush Administration posturing as if it doesn't want forests to burn and then throwing the case."

Could be. It could also be an effort by the judges to have this elevated to the Supreme Court to have some part of the law thrown out. That would be a political move, and the courts are occasionally known to be politically motivated.
23 posted on 12/07/2007 11:57:42 AM PST by backtothestreets (My bologna has a first name, it's J-O-R-G-E)
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To: backtothestreets
...the courts are occasionally known to be politically motivated.

You don't say? Gosh, what is the world coming to?

That post passes for the "irony of the day." Thanks for the chuckle.

24 posted on 12/07/2007 12:17:02 PM PST by Carry_Okie (Duncan Hunter for President)
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To: backtothestreets; Carry_Okie
"and the courts are occasionally known to be politically motivated."

Even federal judges with lifetime appointments still read/watch/listen to the media of all types and watch election results on election night... You betcha they aren't politically sterile!!! They are also still human and my point about social/family pressure still stands.

Judges are generally lawyers that pursued judicial system politics. Yes, there is such a hierarchal(sp?) system of politics, just as there is another political system regarding water usage and another called corporate politics. There's even politics in religious and scientific institutions and especially in institutions of higher learning. Nothing in life is immune to political pressures!!!

In every encounter in life, a sale is made! Either I sell you on my point of view, or you sell me on yours!!! (this includes the courtroom, for certain!!!) It's how we change things in society without killing each other!!!

25 posted on 12/07/2007 12:25:22 PM PST by SierraWasp (Too many NIE contributors are ruthless, rogue resistance agents in our own CIA & State Dep!!!)
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To: Carry_Okie

My pleasure! ;)


26 posted on 12/07/2007 12:35:42 PM PST by backtothestreets (My bologna has a first name, it's J-O-R-G-E)
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To: SierraWasp; Carry_Okie

I’m not discounting your point about social/family pressure. Something about this decision is way out of kilter. Let’s wait to see if the ruling is challenged. It might help clarify the picture. If the intent of the ruling is to elevate this to the Supreme Court for the purpose of having some part of the law overturned, the court system is working fine as the Supreme Court can only hear cases brought before the court. In other words, the Supreme Court does not (thankfully) scour the country looking for laws or decisions to be brought before the court.


27 posted on 12/07/2007 12:47:26 PM PST by backtothestreets (My bologna has a first name, it's J-O-R-G-E)
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To: backtothestreets; Carry_Okie

Well there are some, particularly by the Warren Court, that are begging to be re-visited due to “unintended consequences!” (”Cows Don’t Vote”/”One Man, One Vote,” for instance)


28 posted on 12/07/2007 1:10:21 PM PST by SierraWasp (Too many NIE contributors are ruthless, rogue resistance agents in our own CIA & State Dep!!!)
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To: SierraWasp

“Even their indoctrinated children coming home from school are castigating them and IT HURTS!!! “

We got this Green BS from our sons until they got in high school. Then the youngest one spent 16 years in PravdaPortland and came back a little green.

The oldest son is more conservative than I am now, and the younger son continues to recover from his gang green infections.

Amazingly, my trophy wife, who can be a little liberal on some social issues, never bought the green lies, spins and green bs.


29 posted on 12/07/2007 2:56:40 PM PST by Grampa Dave ("Ron Paul and his flaming antiwar spam monkeys can Kiss my Ass!!"- Jim Robinson, Sept, 30, 2007)
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To: Grampa Dave

It’s a little like President Reagan’s kids... ya just never know which way the twig is gonna git bent!!! The adopted one came to be his most conservative kid. Ron has turned out to be a very self-centered liberal punk. The daughter... well, who knows???


30 posted on 12/07/2007 8:13:24 PM PST by SierraWasp (Too many NIE contributors are ruthless, rogue resistance agents in our own CIA & State Dep!!!)
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To: Grampa Dave

And look how Cheney’s have turned out!!!


31 posted on 12/07/2007 8:14:10 PM PST by SierraWasp (Too many NIE contributors are ruthless, rogue resistance agents in our own CIA & State Dep!!!)
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