a. If NEPA does not impose and substantive requirements on federal agencies, what is the point of the law?
b. Given that purpose, how does the law protect natural resources and the environment?
The Forest Service was concerned about a section of the Idaho Panhandle National Forest that had old growth trees. Over time, the area had become overcrowded with younger trees. The increased density was harmful to all trees because they competed for moisture, sunlight, and nutrients, but was especially damaging to the older ones.
The Forest Service decided to permit logging of some younger trees. The logging would generate 23.5 million board feet of timber. The Lands Council was opposed to cutting down trees but was also concerned about the collateral impact of logging, such as the creation of roads. The Lands Council sued to stop the project, claiming that the Forest Service had failed to develop an adequate EIS as required by NEPA. The district court denied Land Council's motion for a preliminary injunction. A three-judge panel of the appeals court reversed the district court's decision. The entire appeals court decided to rehear the case (sitting "en banc").