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Administrative Law Keyed to Funk
Friends of the Boundary Waters Wilderness v. Thomas
Citation:
53 F.3d 881 (1995)Facts
In 1986, the Forest Service completed a Land Resource Management Plan for the Superior National Forest that authorized continued motorized operation of three portages in the Boundary Waters Canoe Area Wilderness and increased timber sales by 30%. The Friends of the Boundary Waters Wilderness challenged both decisions. Regarding the portages, the Chief initially determined that “feasible” meant “possible, not ideal or most practical,” but later reversed this interpretation after a feasibility study, concluding that nonmotorized portaging was not “feasible” due to health and safety concerns. The Eighth Circuit ultimately rejected this interpretation, holding that “feasible” unambiguously meant “capable of being done” or “physically possible.” On the timber sales issue, the Chief agreed that the plan inadequately considered below-cost timber sales but allowed the plan to remain in effect during further study. The parties reached a settlement limiting timber sales to 85 million board feet per year until the study’s completion. The Friends then sought attorney’s fees under the EAJA for both issues.
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