Case Law Index Forestry

January 1, 2002 – March 1, 2011

 

This index provides a comprehensive though not necessarily exhaustive compilation of reported and unreported federal and state court decisions involving Forestry that were decided between the dates listed above.  The cases are listed in reverse chronological order. The “Text” link goes to the freely available Google Scholar text of the opinion.  These listings are for educational purposes only, and are not a substitute for legal counsel.


 

SUPREME COURT

Summers v. Earth Island Inst., 129 S.Ct. 1142 (U.S. March 03, 2009) (timber harvesting)

Massachusetts v. United States EPA, 2005 United States Briefs 1120 (U.S. Oct. 24, 2006) (global climate change)

Mining & Minerals Div. of the Energy Minerals & Natural Resources Dep’t Of New Mexico & New Mexico Env’t Dep’t v. Edwina Manning & Dutton, 2006 United States Briefs 242604 (U.S. Aug. 16, 2006) (state-court damages actions under the Takings Clause of the Fifth Amendment)


 

FIRST CIRCUIT

Sierra Club v. Wagner, 555 F.3d 21 (1st Cir. 2009) (approval of two forest management plans)


 

SECOND CIRCUIT

Forest Watch v. United States Forest Serv., 410 F.3d 115 (2d Cir. 2005) (Forest Serv. failed to consider best available science standard)

Forest Watch v. United States Forest Serv., 322 F. Supp. 2d 522 (D. Vt. 2004) (a timber harvesting project authorization violated NFMA and NEPA)


 

THIRD CIRCUIT

Allegheny Def. Project, Inc. v. United States Forest Serv., 423 F.3d 215 (3d Cir. Pa. 2005) (improperly selected a harvesting system primarily based upon dollar return)

Allegheny Def. Project, Inc. v. U.S. Forest Serv., 423 F.3d 215 (3d Cir. 2005) (judicial review under APA of two decisions by USFS)


 

FOURTH CIRCUIT

United States v. Reyes, CRIM.1:08CR98, 2008 WL 5170184 (W.D. N.C. Dec. 9, 2008), aff’d, 340 F. App’x. 868 (4th Cir. 2009) (harvesting galax without a permit)

Clinch Coalition v. Damon, 316 F. Supp. 2d 364 (D. Va. 2004) (Forest Serv. violated NEPA by preparing an inadequate environmental analysis for a timber sale)


 

FIFTH CIRCUIT

Sierra Club v. Wagner, 2008 DNH 113 (D. N.H. 2008) (USFS properly applied the “best available science” requirement, and adequately considered the wilderness characteristics and values of the sites)

Recinos-Recinos v. Express Forestry, Inc., No. Civ.A. 05-1355, 2006 WL 2349459 (E.D. La. Aug. 11, 2006) (violation of Agricultural Worker Protection Act and Fair Labor Standards Act)

Recinos-Recinos v. Express Forestry, Inc., 233 F.R.D. 472 (E.D. La. 2006) (violation of Agricultural Worker Protection Act and Fair Labor Standards Act)

Recinos-Recinos v. Express Forestry, Inc., No. Civ.A. 05-1355, 2006 WL 197030 (E.D. La. Jan. 24, 2006) (violation of Agricultural Worker Protection Act and Fair Labor Standards Act)

Recinos-Recinos v. Express Forestry, Inc., No. Civ.A. 05-1355, 2005 WL 3543722 (E.D. La. Oct. 6, 2005) (violation of Agricultural Worker Protection Act and Fair Labor Standards Act)


 

SIXTH CIRCUIT

Roslies-Perez v. Superior Forestry Serv., Inc., No. 1:06-00006, 2009 WL 2254961 (M.D. Tenn. July 28, 2009) (violations of FSLA and AWPA)

Heartwood, Inc. v. Agpaoa, 611 F. Supp. 2d 675 (D. Ky. April 27, 2009) (USFS did not violate NEPA or ESA in approving Ice Storm Project and revised forest plan)

Burlison v. United States, 533 F.3d 419 (6th Cir. Tenn. 2008) (easement to a field-access road that traversed a national wildlife refuge)

Rosiles-Perez v. Superior Forestry Serv., Inc., 250 F.R.D. 332 (M.D. Tenn. 2008) (class certification of AWPA claims)

Rosiles-Perez v. Superior Forestry Serv., Inc., No. 1:06-0006, 2007 WL 325784 (M.D. Tenn. Jan. 31, 2007) (class certification of AWPA claims)

Nickell v. Lisowsky, 5:05CV123-R, 2006 WL 2570334 (W.D. Ky. Aug. 31, 2006) (Forest Serv. adequately monitored and surveyed wildlife species)

United States v. Winslow, 116 Fed. Appx. 703 (6th Cir. Mich. 2004) (using and occupying national forest land without a special-use permit)


 

SEVENTH CIRCUIT

Habitat Educ. Ctr. v. U.S. Forest Serv., 680 F.Supp.2d 996 (E.D. Wis. 2010) (approval of a timber project did not violate NEPA)

Habitat Educ. Ctr. v. U.S. Forest Serv., 680 F.Supp.2d 1007 (E.D. Wis. 2010) (approval of a timber project did not violate NEPA)

Habitat Educ. Ctr., Inc. v. United States Forest Serv., 593 F. Supp. 2d 1019 (E.D. Wis. 2009) (no violations of NEPA and National Forest Management Act)

Glisson v. U.S. Forest Serv., 99-CV-4189-JPG, 2008 WL 5156274 (S.D. Ill. Dec. 8, 2008) (D. Ill. 2008) (special use permits for outfitters and guides)

Donham v. United States Forest Serv., No. 07-CV-111-MJR, 2008 WL 5221102 (S.D. Ill. Dec. 12, 2008) (FOIA request moot)

Habitat Educ. Ctr., Inc. v. Bosworth, 381 F. Supp. 2d 842 (D. Wis. 2005) (national forest timber sale was enjoined for failure to comply with NEPA)

Habitat Educ. Ctr., Inc. v. Bosworth, 363 F. Supp. 2d 1090 (D. Wis. 2005) (EIS prepared for a logging project in a national forest violated NEPA)

Shawnee Trail Conservancy v. Nicholas, 343 F. Supp. 2d 687 (D. Ill. 2004) (outdoor enthusiasts lacked standing)

Ind. Forest Alliance, Inc. v. United States Forest Serv., 325 F.3d 851 (7th Cir. 2003) (USFS did not act arbitrarily in not preparing an EIS on a forest openings project)


 

EIGHTH CIRCUIT

Sierra Club v. Kimbell, 595 F. Supp. 2d 1021 (D. Minn. 2009) (review of forest management plant)

Sierra Club Northstar Chapter v. Kimbell, 07-3160 ADM/RLE, 2008 WL 4287424 (D. Minn. Sept. 15, 2008) (challenging the decision by the Forest Serv. to conduct timber sales and road building)

Izaak Walton League of Am., Inc. v. Kimbell, 516 F. Supp. 2d 982 (D. Minn. 2007) (USFS’s decision to construct snowmobile trail was not arbitrary and capricious)

Heartwood, Inc. v. United States Forest Serv., 380 F.3d 428 (8th Cir. Aug. 25, 2004) (impact of logging on bat population)

United States v. Nenninger, 351 F.3d 340 (8th Cir. 2003) (requiring special-use authorization for groups were permissible since they protected public health and safety)

Superior Wilderness Action Network & Heartwood v. U.S. Forest Serv., CIV.01-29(MJD/RLE), 2002 WL 171719 (D. Minn. Jan. 30, 2002) (decision regarding implementation of a logging plan in a national forest)


 

NINTH CIRCUIT

Oregon Natural Desert Ass’n v. Tidwell, — F.Supp.2d —-, 2010 WL 2246419 (D. Or. 2010) (challenge under the ESA and NFMA for grazing permits)

Sequoia Forestkeeper v. U.S. Forest Serv., No. 1:09-cv-00392-LJO-JLT, 2010 WL 2464857 (E.D. Cal. June 12, 2010) (alleged failure to provide an Environmental Impact Statement)

Native Ecosystems Council v. Tidwell, 599 F.3d 926 (Ninth Circuit 2010) (Forest Service’s application of the National Forest Management Act)

Greenpeace, Inc. v. Cole, No. 3:08-cv-0162-RRB, 2010 WL 1729739 (D. Alaska April 28, 2010) (challenge to timber sale projects under NEPA)

United States v. Concrete, 2009 WL 733881 (C.D. Cal. Mar 16, 2009) (NO. CR 07-767-RCF) (USDA jurisdiction over acts outside federal lands)

United States ex rel. Wilson v. Maxxam, Inc., 2009 WL 691224 (N.D. Cal. Mar 10, 2009) (NO. C 06-7497 CW) (sustained production of timber products)

Native Ecosystems Council v. United States Forest Serv., 54 Fed. Appx. 901 (9th Cir. 2003) (change in timber pricing algorithm)

California ex rel. Lockyer v. U.S. Dep’t Agric., 575 F.3d 999 (9th Cir. August 5, 2009) (Forest Serv. violated NEPA and ESA)

Greater Yellowstone Coalition v. Larson, 641 F. Supp. 2d 1120 (D. Idaho, Aug. 4, 2009) (management indicator species in national forest)

Ventana Wilderness Alliance v. Bradford, 313 Fed. Appx. 944 (9th Cir. February 26, 2009) (grazing on land was “established”)

Citizens for Better Forestry v. United States Dep’t of Agric., 567 F.3d 1128 (9th Cir. 2009) (withdrawal of policy by agency did not mean “prevailing party” for EAJA)

Sierra Forest Legacy v. United States Forest Serv., 598 F. Supp. 2d 1058 (N.D. Cal. 2009) (claim management plan violated NEPA and ESA)

Cent. Mont. Wildlands Ass’n v. Kimball, No. 06-35938, 2009 WL 117851 (9th Cir. Jan. 9, 2009) (no violations of NEPA by Forest Serv.)

Wilderness Soc’y v. U.S. Forest Serv., CV08-363-E-EJL, 2009 WL 1033711 (D. Idaho Apr. 16, 2009) hearing en banc ordered, 09-35200, 2010 WL 3896203 (9th Cir. Sept. 30, 2010) (designating roads and trails for motorized recreational use in National Forest)

Oregon Natural Desert Ass’n v. United States Forest Serv., 550 F.3d 778 (9th Cir. Dec. 11, 2008) (grazing permits on national forest lands)

California State Grange v. National Marine Fisheries Service, 620 F. Supp. 2d 1111 (E.D. Cal. October 27, 2008) (forestry group lacked standing)

Fence Creek Cattle Co. v. United States Forest Serv., 2008 WL 4610272 (D. Or. Oct 16, 2008) (NO. CIV 06-1236-SU) (cattle grazing permits)

Fence Creek Cattle Co. v. United States Forest Serv., 2008 WL 89622 (D. Or. Jan 07, 2008) (NO. CIV. 06-1236-SU) (cattle grazing permits)

Lands Council v. McNair, 537 F.3d 981 (9th Cir. July 2, 2008, Filed) (case en banc to clarify environmental jurisprudence as to USFS action)

League of Wilderness Defenders v. United States Forest Serv., 549 F.3d 1211 (9th Cir. 2008) (NEPA violation in approving selective logging program)

Citizens for Better Forestry v. United States Dep’t Agric., Nos. C 05-1144 PJH, C 04-4512 PJH, 2008 WL 5210945 (N.D. Cal. Dec. 11, 2008) (attorney’s fees under EAJA for successful NEPA challenge)

Western Watersheds Projects v. United States Forest Serv., No. C 08-1460 PJH, 2008 WL 2952837 (N.D. Cal. July 30, 2008) (denial of intervention; NEPA violations in grazing permits)

Cloud Found., Inc. v. Kempthrone, 546 F. Supp. 2d 1003 (D. Mont. 2008) (statute of limitations to challenge forest plant; no violations of Wild Free Roaming Horses and Burros Act)

California ex rel. Lockyer v. U.S. Dep’t of Agric., 2:05CV00211MCEGGH, 2008 WL 5391233 (E.D. Cal. Dec. 22, 2008) (challenging the 2004 Framework as violating APA and NEPA)

Or. Natural Desert Ass’n v. United States Forest Serv., No. 07-634-AS, 2008 WL 140657 (D. Or. 2008) (grazing runoff is not a point source)

United States v. Park, 536 F.3d 1058 (9th Cir. 2008) (violation of scenic easement)

California Forestry Ass’n v. Bosworth, 2:05CV00905MCEGGH, 2008 WL 4370074 (E.D. Cal. Sept. 24, 2008) (failure to consider reasonable alternatives required by NEPA)

WildWest Inst. v. Bull, 547 F.3d 1162 (9th Cir. 2008) (decision to pre-mark trees for cutting did not violate NEPA)

Pac. Rivers Council v. U.S. Forest Serv., 2:05CV00953MCEGGH, 2008 WL 4291209 (E.D. Cal. Sept. 18, 2008) (challenge of the 2004 framework on grounds that it violates NEPA)

Stevens County v. United States Dep’t of Interior, 507 F. Supp. 2d 1127 (E.D. Wash. 2007) (review of agency determination to limit grazing in federal forest)

Lands Council v. McNair, 494 F.3d 771 (9th Cir. July 2, 2007) (public interest in preserving nature and avoiding irreparable environmental injury outweighed economic concerns)

Friends of the Columbia Gorge, Inc. v. Elicker, 598 F. Supp. 2d 1136 (D. Or. 2007) (goats)

Sierra Nevada Forest Prot. Campaign v. Rey, 205-CV-0205-MCE-GGH, 2007 WL 1701923 (E.D. Cal. June 11, 2007) (risk to cause irreparable harm to old forest habitat and imperiled wildlife)

Forest Conservation Council v. U.S. Forest Serv., 203 F. App’x. 73 (9th Cir. 2006) (USFS authorization of timber harvest projects in several national forests)

Or. Natural Desert Ass’n v. United States Forest Serv., 465 F.3d 977 (9th Cir. 2006) (final agency action under the APA)

California Oak Found. v. United States Forest Serv., 2006 WL 2454438 (E.D. Cal. Aug 23, 2006) (NO. CV-F-05-1395 OWW SMS) (Forest Serv. approval of herbicides in Stanislaus National Forest)

Fitzgerald Living Trust v. United States, 460 F.3d 1259 (9th Cir. 2006) (easement by necessity to use an access road in a national forest)

Forest Guardians v. Johanns, 450 F.3d 455 (9th Cir. 2006) (agency did not re-initiate consultations under ESA to grazing allotments)

W. Watersheds Project v. United States Forest Serv., No. CV-05-189-E-BLW, 2006 WL 1697181 (D. Idaho 2006) (permanent injunction to prevent further grazing on allotments till supplemental EIS done)

League of Wildnerness Defenders-Blue Mountains Biodiversity Project v. United States Forest Serv., 445 F. Supp. 2d 1186 (D. Or. August 03, 2006) (forest plan, commercial logging, and connective corridors)

Forest Serv. Employees for Env. Ethics v. United States Forest Serv., 408 F. Supp. 2d 916 (N.D. Cal. January 09, 2006) (group seeking to enjoin Forest Serv.’s proposed timber sale)

Ecology Ctr. v. Castaneda, 426 F.3d 1144 (9th Cir. October 19, 2005) (percentage of saleable timber on public lands)

Sierra Nevada Forest Protection Campaign v. Weingardt, 376 F. Supp. 2d 984 (E.D. Cal. June 30, 2005) (comment in each of four timber projects)

Cascadia Wildlands Project v. Conroy, 159 Fed. Appx. 769 (9th Cir. December 16, 2005) (weighing costs and benefits of wet weather harvesting of dead trees)

Native Ecosystems Council v. United States Forest Serv., 418 F.3d 953 (9th Cir. August 11, 2005) (forest plan and plan implementation)

Sierra Nevada Forest Protection Camp. v. United States Forest Serv., 2005 WL 1366507 (E.D. Cal. May 26, 2005) (NO. CIV. S042023MCEGGH) (project approval without NEPA EIS)

NRDC v. United States Forest Serv., 421 F.3d 797 (9th Cir. 2005) (Forest Serv. mistakenly doubled projected market demand for timber as part of its EIS)

Forest Guardians v. Veneman, 392 F. Supp. 2d 1082 (D. Ariz. 2005) (challenging biological opinion under the ESA)

Earth Island Inst. v. Pengilly, 376 F. Supp. 2d 994 (D. Cal. 2005) (regulations improperly exempted certain Forest Serv. decisions from appeal)

Karuk Tribe of Cal. v. United States Forest Serv., 379 F. Supp. 2d 1071 (D. Cal. 2005) (mining operations in national forest did not violate NFMA)

Alleman v. United States, 372 F. Supp. 2d 1212 (D. Or. April 12, 2005) (statute trumped easement by necessity through forest)

Am. Forest Res. Council v. Conroy, 04-6221-HO, 2005 WL 771577 (D. Or. Mar. 2, 2005) (NEPA and OWA claims regarding the wilderness proposal)

League of Wilderness Defenders v. U.S. Forest Serv., CIV.04-488-HA, 2004 WL 1068787 (D. Or. May 12, 2004) (a habitat database model in “salvage logging” was inapplicable to post-fire projects)

High Sierra Hikers Ass’n v. Blackwell, 390 F.3d 630 (9th Cir. 2004) (Forest Serv. violated NEPA in issuing certain special use permits for commercial packstock operators in wilderness areas)

Oregon Natural Desert Ass’n v. U.S. Forest Serv., CIV. 03-381-HA, 2004 WL 1592606 (D. Or. July 15, 2004) (injunction prohibiting livestock grazing on public lands of two allotments declined)

Siskiyou Regional Educ. Project v. Goodman, 2004 WL 1737738 (D. Or. Aug 03, 2004) (NO. CIV. 04-3058-CO) (marking of trees and boundaries)

Forest Guardians v. United States Forest Serv., 370 F. Supp. 2d 978 (D. Ariz. Mar. 23, 2004) (EAS, NEPA, and ditches on National Forest land)

Or. Natural Desert Ass’n v. United States Forest Serv., 312 F. Supp. 2d 1337 (D. Or. 2004) (duty to manage livestock grazing within wild and scenic river corridors with forest plan standards)

United States v. Adams, 388 F.3d 708 (9th Cir. 2004) (illegal use or occupancy of National Forest System land or facilities without special-use authorization)

Cascadia Wildlands Project v. Goodman, 393 F. Supp. 2d 1041 (D. Or. December 20, 2004) (snag retention project)

Cabinet Res. Group v. U.S. Forest Serv., CV 00-225-M-DWM, 2004 WL 966086 (D. Mont. Mar. 30, 2004) (the Forest Serv. fulfilled its statutory obligations as to mitigation of damages by the inholder’s access)

County of Okanogan v. Nat’l Marine Fisheries Serv., 347 F.3d 1081 (9th Cir. 2003) (Forest Serv. had the authority to restrict the use of the rights-of-way to protect the endangered fish)

Forest Guardians v. United States Forest Serv., 329 F.3d 1089 (9th Cir. 2003) (Forest Serv.’s management of cattle grazing was in accord with federal statutes)

Forest Guardians v. Veneman, 305 F. Supp. 2d 1118 (D. Ariz. 2003) (10-year grazing permits should not have been based on three-year environmental impact studies)

Ctr. for Biological Diversity v. Delgado, 61 F. App’x. 381 (9th Cir. 2003) (USFS grazing permits were inconsistent with Wild and Scenic Rivers Act)

Neighbors of Cuddy Mountain v. Alexander, 303 F.3d 1059 (9th Cir. September 05, 2002) (failure to follow forest management plan)

Okanogan School Dist. #105 v. Superintendent of Public Instruction for State of Washington, 291 F.3d 1161 (9th Cir. June 3, 2002) (state discretion in distributing forestry income)

Lands Council v. Vaught, 198 F. Supp. 2d 1211 (E.D. Wash. May 29, 2002) (Forest Serv.’s “net associated risk” figures)

Native Ecosystems Council v. Dombeck, 304 F.3d 886 (9th Cir. September 16, 2002) (timber sales on federal land)

Idaho Sporting Congress v. Alexander, 45 Fed. Appx. 788 (9th Cir. September 05, 2002) (group seeking to enjoin sale of timber on federal lands)

County of Okanogan v. Nat’l Marine Fisheries Serv., 79 F. App’x. 350 (9th Cir. 2003) (USFS conditioning of special use permits to require minimum in-stream flows to protect endangered species)

 

High Sierra Hikers Ass’n v. Powell, C-00-01239-EDL, 2002 WL 240067 (N.D. Cal. Jan. 9, 2002), aff’d sub nom., High Sierra Hikers Ass’n v. Blackwell, 390 F.3d 630 (9th Cir. 2004 (commercial pack trips in wilderness areas)

Riverhawks v. Zepeda, 228 F. Supp. 2d 1173 (D. Or. 2002) (special use permits for commercial motorboats on a wild and scenic river)

Friends of the Clearwater v. McAllister, 214 F. Supp. 2d 1083 (D. Mont. 2002) (decision to forego a supplemental environmental impact statement)

Idaho Sporting Cong. v. Rittenhouse, 305 F.3d 957 (9th Cir. 2002) (standard used to assess viability of certain species was invalid)


 

TENTH CIRCUIT

Colorado Wild v. Vilsack, — F.Supp.2d —-, 2010 WL 1257988 (D. Colo. 2010) (NEPA action against proposed sale of timber in a nation forest)

Lovaas v. U.S. Forest Serv., 374 F. App’x. 689 (9th Cir. 2009) (business carried out under the special use permit, located near of units considered for fuels reduction)

Wildearth Guardians v. U.S. Forest Serv., CIV.A 08CV02167JLK, 2010 WL 1413112 (D. Colo. Apr. 1, 2010) (authorization of livestock grazing in the Gila National Forest)

Utah Env. Congress v. Russell, 518 F.3d 817 (10th Cir. March 11, 2008) (goshawk habitat timber harvest)

Citizens’ Comm. to Save Our Canyons v. Krueger, 513 F.3d 1169 (10th Cir. January 15, 2008) (helicopter skiing in two national forests did not violate NEPA)

Utah v. United States DOI, 535 F.3d 1184 (10th Cir. August 4, 2008) (land management)

Wyoming v. United States Dep’t of Agric., 570 F. Supp. 2d 1309 (D. Wyo. 2008) (Forest Serv. had usurped Congress’s power by de facto designation of “wilderness”)

United States v. Keating, 297 F. App’x. 205 (4th Cir. 2008) (use of National Forest System land without a special use permit or authorization)

Ctr. for Native Ecosystems v. Cables, 509 F.3d 1310 (10th Cir. Dec. 17 2007) (USFS authorization of livestock grazing)

Utah Envtl. Cong. v. Troyer, 479 F.3d 1269 (10th Cir. March 21, 2007) (forest plans properly incorporated the old management indicator species standards, rather than the best available science standard)

Forest Guardians v. Forsgren, 478 F.3d 1149 (10th Cir. 2007) (Forest Serv. had no duty to consult with the United States Fish and Wildlife Service pursuant to the ESA)

Ecology Ctr., Inc. v. United States Forest Serv., 451 F.3d 1183 (10th Cir. 2006) (failure to consider “best available science” standard in 2000 transition rule)

Forest Guardians v. U.S. Forest Serv., CIV.05 0372 JB/DJS, 2006 WL 4109661 (D.N.M. Aug. 22, 2006), aff’d, 579 F.3d 1114 (10th Cir. 2009) (USFS did not violate NFMA’s consistency or substantive provisions)

United States v. Anglin 438 F.3d 1229 (10th Cir. February 28, 2006) (cutting and removing forest product from national forest without authorization)

Utah Envtl. Cong. v. Bosworth, 370 F. Supp. 2d 1157 (D. Utah 2005) (beetle management project was granted a categorical exclusion from the environmental assessment process)

Forest Guardians v. United States Dep’t of Interior, 416 F.3d 1173 (10th Cir. 2005) (FOIA requests)

United States v. Fennell, 381 F. Supp. 2d 1300 (D.N.M. 2005) (owners provided no evidence that the subject area was not ceded to the United States through a treaty)

Wyo. Sawmills, Inc. v. United States Forest Serv., 383 F.3d 1241 (10th Cir. 2004) (Forest Serv. had complete discretion as to whether to offer timber contracts; no standing)

Trout Unlimited v. USDA, 320 F. Supp. 2d 1090 (D. Colo. 2004) (“Alternative B” in land-use authorization was arbitrary)

Utah Env. Congress v. Bosworth, 372 F.3d 1219 (10th Cir. June 23, 2004) (forest management plan duty).

Rounds v. United States Forest Serv., 301 F. Supp. 2d 1287 (D. Wyo. 2004) (unreasonable delay in removal of dead trees in Black Hills National Forest)

Colorado Wild v. United States Forest Serv., 299 F. Supp. 2d 1184 (D. Colo. January 30, 2004) (group seeking injunction against timber salvage in national forest)

Wyoming v. United States Dep’t of Agric, 277 F. Supp. 2d 1197 (D. Wyo. 2003) (Forest Serv. violated NEPA and the Wilderness Act when it promulgated the Roadless Rule)

Biodiversity Assocs. v. United States Forest Serv. Dep’t of Agric., 226 F. Supp. 2d 1270 (D. Wyo. 2002) (Forest Serv. failed to timely revise the Medicine Bow National Forest Plan)

Utah Envtl. Cong. v. Zieroth, 190 F. Supp. 2d 1265 (D. Utah 2002) (USFS failed to analyze the trend population data for the management indicator species)


 

ELEVENTH CIRCUIT

Forest Conservation Council v. Jacobs, 374 F. Supp. 2d 1187 (D. Ga. 2005) (USDA and USFS were not obligated to collect data within each project area)


 

D.C. CIRCUIT

Montanans for Multiple Use v. Barbouletos, 568 F.3d 225 (D.C. Cir. 2009) (claims that management of forest violated forest plan precluded)

Back Country Horsemen of Am. v. Johanns, 424 F. Supp. 2d 89 (D. D.C. 2006) (USFS complied with NEPA in the new trail classification system)

Rock Creek Pack Station, Inc. v. Blackwell, 344 F. Supp. 2d 192 (D. D.C. 2004) (commercial pack stations lacked standing to sue government officials and entities under NEPA regarding an EIS prepared for wilderness areas)

Mt. States Legal Found. v. Bush, 306 F.3d 1132 (D.C. Cir. 2002) (presidential proclamations designating national monuments)


 

FEDERAL CIRCUIT

Wyoming Sawmills, Inc. v. United States, 90 Fed.Cl. 148 (Fed. Cir. Nov 30, 2009) (exhaustion doctrine applied to extension of timber-harvesting contract)

Blue Lake Forest Prods., Inc. v. United States, 86 Fed. Cl. 366 (Fed. Cir. 2009) (breach of timber sales contract because of environmental regulations)

Heritage Minerals, Inc. v. United States, 71 Fed.Cl. 710, (Fed. Cir. 2006) (groundwater contamination testing as a taking)

Trinity River Lumber Co. v. United States, 66 Fed.Cl. 98 (Fed. Cir. June 20, 2005) (agency contractual duty to consult with timber buyers)

Scott Timber Co. v. United States, 64 Fed.Cl. 130 (Fed. Cir. 2005) (constructive termination of timber contract)

Alpine County, CA v. United States, Fed.Cl.2004, 59 Fed.Cl. 610 (Fed. Cir. 2004) (state/federal revenue sharing in timber sales)

Son Broad., Inc. v. United States, 52 Fed. Cl. 815 (Fed. Cir. 2002) (special-use permit for broadcasting towers)


 

ALABAMA

Bruner v. Geneva County Forestry Dep’t, 865 So.2d 1167 (Ala. 2003) (ownership of recovered timber)


 

ALASKA

Nash v. Matanuska-Susitna Borough, S-13048, 2010 WL 3447841 (Alaska Sept. 3, 2010) (breach of contract for sale of timber)


 

ARIZONA

Phelps Dodge Corp. v. Ariz. Dep’t of Water Res., 211 Ariz. 146 (Ariz. Ct. App. 2005) (local authority to issue permits to appropriate water for instream flows)

Phelps Dodge Corp. v. Arizona Dep’t of Water Res., 211 Ariz. 146, 118 P.3d 1110 (Ariz. Ct. App. 2005) (permit to appropriate the waters of a tributary)


 

ARKANSAS

Adams v. Atkins, 97 Ark. App. 328, 249 S.W.3d 166 (Ark. Ct. App. 2007) (reliance on Forest Service information for private land ownership dispute)

Riddell Flying Serv. v. Callahan, 90 Ark. App. 388, 206 S.W.3d 284 (Ark. Ct. App. 2005) (worker’s compensation benefits for independent contractor of Forestry Commission)


 

CALIFORNIA

Barnes v. Webb, A123543, 2009 WL 4049152 (Cal. Ct. App. Nov. 24, 2009) (fatal accident within the project area)

Envtl. Prot. & Info. Ctr. v. Cal. Dep’t of Forestry & Fire Prot., 187 P.3d 888 (Cal. 2008) (sustained yield plan)

Coastside Fishing Club v. Cal. Res. Agency, 158 Cal. App. 4th 1183 (Cal. App. 1st Dist. 2008) (doctrine of separation of powers was not compromised)

Ebbetts Pass Forest Watch v. Cal. Dep’t of Forestry & Fire Prot., 43 Cal. 4th 936 (Cal. 2008) (timber harvest plans for private land)

Save Round Valley Alliance v. County of Inyo, 157 Cal. App. 4th 1437 (Cal. App. 4th Dist. 2007) (landowner unwilling to participate in a land exchange)

Save The Altadena Trails v. Traylor, B183888, 2006 WL 3735518 (Cal. Ct. App. Dec. 20, 2006) (reasonable accommodation of the permitted public access)

Big Creek Lumber Co. v. County of Santa Cruz, S123659, 2006 WL 3008212 (Cal. Ct. App. Oct. 24, 2006) (preemptive effect of state forestry law on a local government’s power to regulate land use)

Big Creek Lumber Co. v. County of Santa Cruz, 38 Cal. 4th 1139 (Cal. 2006) (locational zoning provision regarding timber operations)

Joy Road Area Forest & Watershed Ass’n v. Cal. Dep’t of Forestry & Fire Prot., 142 Cal. App. 4th 656 (Cal. App. 1st Dist. 2006) (timber harvest plan challenge)

Ebbetts Pass Forest Watch v. Cal. Dep’t of Forestry & Fire Prot., 140 Cal. App. 4th 136 (Cal. Ct. App. 2006) (timber harvesting plans failure)

Pacific Lumber Co. v. State Water Res. Control Bd., 37 Cal. 4th 921 (Cal. 2006) (timber harvest plan affected state waters)

Sierra Club v. Town of Mammoth Lakes, C044984, 2005 WL 1492006 (Cal. Ct. App. June 23, 2005) (plan to expand airport to accommodate air service using mid-size commercial jets)

Citizens for Responsible Forest Mgmt. v. California Dep’t of Forestry & Fire Prot., H026568, 2005 WL 289660 (Cal. Ct. App. Feb. 8, 2005) (parties bear their own costs on appeal)

Campaign to Restore Jackson State Redwood Forest v. California Dep’t of Forestry & Fire Prot., A102405, 2004 WL 1950312 (Cal. Ct. App. Sept. 3, 2004) (challenge an award of attorney fees)

Pacific Lumber Co. v. Cal. State Water Res. Control Bd., 116 Cal. App. 4th 1232 (Cal. App. 1st Dist. 2004) (jurisdiction to enforce water quality laws against the lumber company)

Big Creek Lumber Co. v. Santa Cruz, 115 Cal. App. 4th 952 (Cal. App. 6th Dist. 2004) (zoning regulations)

Rocky Mt. Animal Def. v. Colo. Div. of Wildlife, 100 P.3d 508 (Colo. Ct. App. 2004) (poisoning nontargeted wildlife)

Long v. Great Spring Waters of Am., Inc., E030817, 2002 WL 31813096 (Cal. Ct. App. Dec. 16, 2002) (taking water from the National Forest for resale as bottled water)

California Oak Found. v. Dep’t of Forestry & Fire Prot., A096363, 2002 WL 1970198 (Cal. Ct. App. Aug. 27, 2002) (decision not to list most oaks as commercial species)


 

COLORADO

Tieze v. Killam, 179 P.3d 10 (Colo. Ct. App. 2007) (private way of necessity over a mining road)

Bd. of County Comm’rs v. BDS Int’l, LLC, 159 P.3d 773 (Colo. 2007) (financial requirements contradicted the state regulation’s financial caps)

Bd. of County Comm’rs v. BDS Int’l, LLC, 159 P.3d 773 (Colo. Ct. App. 2006) (federal preemption inl local regulation of oil and gas operations)

Friends of the Black Forest Reg’l Park, Inc. v. Bd. of County Comm’rs, 80 P.3d 871 (Colo. Ct. App. 2003) (limited subject property’s uses)

Wark v. Bd. of County Comm’rs, 47 P.3d 711 (Colo. Ct. App. 2002) (car accident on a road in a national forest)

W. Elk Ranch, L.L.C. v. United States (In re Water Rights), 65 P.3d 479 (Colo. 2002) (conditional water right)


 

CONNECTICUT

Wysocki v. Town of Ellington, 109 Conn. App. 287, 951 A.2d 598 (Conn. App. Ct. 2008) (declassification of land parcels as forest land)

Kiesel v. Redding, CV065005855, 2007 WL 3317972 (Conn. Super. Ct. Oct. 24, 2007) (responsibility for maintenance of roads within state forest)

Old Lot No. 30, LLC v. Town of Ellington, CV010076261S, 2006 WL 240532 (Conn. Super. Ct. Jan. 12, 2006) (excessive valuation of forest land)

Sackler v. Inland Wetlands Agency of Town of Woodbridge, CV03041705S, 2006 WL 3316991 (Conn. Super. Ct. Oct. 30, 2006) (cease and desist order issued by Inland Wetland Agency against land developer)

Rocque v. Mellon, 881 A.2d 972 (Conn. 2005) (violation of state Environmental Protection Act for destruction of forestland)

Ventres v. Goodspeed Airport, LLC, 881 A.2d 937 (Conn. 2005) (airport’s prescriptive easement over privately-owner adjacent land did not permit it to clear-cut land under state or federal law)

Carmel Hollow Associates Ltd. P’ship v. Town of Bethlehem, 848 A.2d 451 (Conn. 2004) (denied application for continuation of forest land classification)

Ventres v. Goodspeed Airport, X07CV010076812S, 2004 WL 1245908 (Conn. Super. Ct. May 21, 2004) (unlawful destruction of forestland)

Williams v. Town of Litchfield, CV030090384S, 2004 WL 1558056 (Conn. Super. Ct. June 18, 2004) (assessment of forest land)

State v. Ball, 796 A.2d 542, 545 (Conn. 2002) (constitutionality of state Hunter Harassment Act, which applies to state parks and forests)

Stepney Pond Estates, Ltd. v. Town of Monroe, 797 A.2d 494, 496 (Conn. 2002) (contesting imposition of conveyance tax on individual who transferred forestland)


 

DELAWARE

Trustees of Vill. of Arden v. Unity Const. Co., CIV.A. 15025-VCN, 2009 WL 1530711 (Del. Ch. May 27, 2009) (application of “reasonable use” doctrine to management of storm water that causes erosion to woodland)


 

FLORIDA

Palm Beach Polo, Inc. v. Vill. of Wellington, 918 So. 2d 988 (Fla. Dist. Ct. App. 2006) (enforcement of developing plan that required restoration of a forest)


 

GEORGIA

Georgia Forestry Comm’n v. Canady, 617 S.E.2d 569 (Ga. Ct. App. 2005) (discussing liability of state Forestry Commission for injury sustained by driving on smoke-covered highway)


 

HAWAI’I

State v. Heyer, 173 P.3d 611 (Haw. Ct. App. 2008) (prosecution for illegal feral goat hunt on a public forest reserve)

Sierra Club v. Hawai’i Tourism Auth., 100 Haw. 242 (Haw. 2002) (environmental assessment when selecting a contractor to provide tourism marketing services)


 

IDAHO

State v. Murray, 148 P.3d 1278 (Idaho Ct. App. 2006) (violation of road closure order by U.S. Forest Service for the purpose of facilitating legal hunting)


 

ILLINOIS

McElroy v. Forest Pres. Dist. of Lake County, 894 N.E.2d 170 (Ill. App. Ct. 2008) (“riding trail” was within the Local Governmental and Governmental Employees Tort Immunity Act)

Stahelin v. Forest Pres. Dist. of Du Page County, 768, 877 N.E.2d 1121 (Ill. App. Ct. 2007) (attempted condemnation of forestland for conservation purposes)

Mull v. Kane County Forest Pres. Dist., 786 N.E.2d 236 (Ill. App. Ct. 2003) (county forest preserve district has tort immunity for action by bicyclist for injuries sustained on forestland)


 

INDIANA

Guingrich v. Allen County Assessor, 49T10-0812-SC-68, 2010 WL 1064372 (Ind. Tax Mar. 24, 2010) (challenge to reclassification of land from woodland to excess residential acreage)

McCall v. State of Indiana Dep’t of Natural Res. Div. of Forestry, 821 N.E.2d 924 (Ind. Ct. App. 2005) (allegedly-defective seedlings from a state nursery)


 

IOWA

Bushby v. Washington County Conservation Bd., 654 N.W.2d 494 (Iowa 2002) (proactive management of trees in county-owned forested areas was under conservation board’s authority)


 

KANSAS

In re Goddard, 39 Kan. App. 2d 325, 180 P.3d 604 (Kan. Ct. App. 2008) (no exemption from ad valorem tax on equipment utilized in tree harvesting and sawmill operation)


 

KENTUCKY

King v. Grecco, 111 S.W.3d 877 (Ky. Ct. App. 2002) (civil liability for wrongful cutting of timber by trespasser)


 

LOUISIANA

Sherwood Forest Country Club v. Litchfield, 998 So. 2d 56 (La. 2008) (federal income tax exemption)

Sustainable Forests, L.L.C. v. Harrison, 846 So. 2D 1283, 1283 (La. App. 2 Cir. 2003) (right of lessee to make use of easements over forest roads)

Merlin B. Smith, Inc. v. Travelers Prop. Cas., 811 So. 2D 1097 (La. App. 2 Cir. 2002) (forestry company denied coverage by insurance company for marking and cutting wrong trees)


 

MAINE

Putnam v. Maine Bd. of Licensure for Foresters, CIV.A. AP-0524, 2006 WL 1679717 (Me. Super. Ct. Apr. 28, 2006) (review of suspension of forestry license by the Forestry Board)

State v. Tibbetts, CV-00-43, 2006 WL 367847 (Me. Super. Ct. Jan. 19, 2006) (violation of state consumer protection laws for unlawfully providing forestry services without a license)

Hanson v. Jiorle, RE-01-019, 2002 WL 31360612 (Me. Super. Ct. Sept. 9, 2002) (trespass case for negligent and unintentional removal of timber)


 

MARYLAND

Maryland-Nat’l Capital Park & Planning Comm’n v. Mardirossian, 964 A.2d 713 (Md. Ct. Spec. App. 2009) cert. granted, 409 Md. 44, 972 A.2d 859 (2009), appeal dismissed, 409 Md. 413, 975 A.2d 875 (2009) (forest conservation plans)

John Deere Constr. & Forestry Co. v. Reliable Tractor, Inc., 957 A.2d 595 (Md. 2008) (termination of a dealer contract)


 

MASSACHUSETTS

S. St. Nominee Trust v. Bd. of Assessors of Carlisle, 878 N.E.2d 931 (Mass. App. Ct. 2007) (withdrawal of property from forestry classification)

Sierra Club v. Comm’r of Dep’t of Envtl. Mgmt., 791 N.E.2d 325 (Mass. 2003) (environmental impact of plan to expand ski facilities on a state reservation)


 

MICHIGAN

Fawcett v. Estate of Meyer, 253819, 2005 WL 2249499 (Mich. Ct. App. Sept. 15, 2005) (economic value of reforestation efforts on private land)


 

MINNESOTA

Minnesota Ctr. for Envtl. Advocacy v. Holsten, A08-2171, 2009 WL 2998037 (Minn. Ct. App. Sept. 22, 2009) (Department of Natural Resources property addressed environmental effects on forests regarding taconite mine project)

Minnesotans for Responsible Recreation v. Dep’t of Natural Res., 651 N.W.2d 533 (Minn. Ct. App. 2002) (off-highway vehicle plans; environmental assessments)

Minn. Ctr. for Envt’l Advocacy v. Minn. Pollution Control Agency, 644 N.W.2d 457 (Minn. 2002) (environmental impact statement)


 

MISSISSIPPI

Hazlehurst Lumber Co., Inc. v. Mississippi Forestry Comm’n, 983 So. 2d 309 (Miss. 2008) (misrepresentations regarding number of trees on property)


 

MONTANA

Oberson v. U.S. Dep’t of Agric., Forest Serv., 171 P.3d 715 (Mont. 2007) (failing to correct or warn of a dangerous condition on snowmobile trail)

Friends of the Wild Swan v. Dep’t of Natural Res. & Conservation, 330 Mont. 186, 127 P.3d 394 (Mont. 2005) (methodology used in evaluating timber sale transaction on school trust lands)

Romans v. Franks, 2003 MT 11N (Mont. 2003) (special use permit for private vehicular access to a road)

Armstrong v. Von Bergen, 2002 ML 977 (Mont. Dist. Ct. 2002) (right to use a road)


 

NEBRASKA

Scurlocke v. Hansen, 268 Neb. 548, 684 N.W.2d 565 (2004) (private action for damages when adjacent owner removed trees from land)


 

NEW JERSEY

ZRB, LLC v. New Jersey Dep’t of Envtl. Prot., Land Use Regulation, 959 A.2d 866 (N.J. Super. Ct. App. Div. 2008) (denied permit to fill wetlands based upon presence of threatened species)

In re Permit No. 1512-03-0093.1 Issued to Toll Bros., Inc., A-4264-03T5, 2007 WL 1365399 (N.J. Super. Ct. App. Div. May 10, 2007) (permits challenge)

Wilson v. Hopewell Twp., 23 N.J. Tax 240, 247 (N.J. Tax Ct. 2006) (standards for determining when land used for the production of forest products may be deemed agricultural)

In re Freshwater Wetlands General Permit Number 16, 878 A.2d 22, (N.J. Super. App. Div. Jul 29, 2005) (freshwater wetlands general permit)

Alexandria Twp. v. Orban, 21 N.J. Tax 298 (N.J. Tax Ct. 2004) (assessment of farmland as “woodlot” under the Farmland Assessment Act)

Safari Club Int’l v. New Jersey Dep’t of Envtl. Prot., 862 A.2d 1152 (N.J. Super. Ct. App. Div. 2004) (statutory authority to close state lands to bear hunting)


 

NEW MEXICO

Walker v. United States, 162 P.3d 882 (N.M. 2007) (cancellation of grazing permit on U.S. Forest Service lands)

Paragon Found., Inc. v. N.M. Livestock Bd., 126 P.3d 577 (N.M. 2006) (requirement of valid permit for placing livestock on land owned by Forest Service)

State v. Quintana, 143 N.M. 538 (N.M. Ct. App. 2006) (motor vehicle accident on a state road)


 

NEW YORK

Corvetti v. Winchell, 75 A.D.3d 1013 (N.Y. App. Div. 2010) (forest land certified as such by the Department of Environmental Conservation is used as forest land for tax purposes)

Matter of Residents’ Comm. to Protect the Adirondacks, Inc. v. Adirondack Park Agency, No. 10045-09, 899 N.Y.S.2d 62 (N.Y. Sup. Ct. July 13, 2009) (construction of new ski trails as part of management plan)

Cohen v. State of New York, 2007 NY Slip Op 51135U (N.Y. Ct. Cl. 2007) (minimum use of warning signs)

State v. Town of Horicon, 46 A.D.3d 1287 (N.Y. App. Div. 2007) (constitutionality of town law which opened routes on state forest lands for use by all-terrain vehicles)

Gordon v. Town of Esopus, 31 A.D.3d 981 (N.Y. App. Div. 2006) (comparable sales of other properties designated as forest land)

People v. McCulley, 801 N.Y.S.2d 240 (N.Y. Co. Ct. 2005) (prosecution for unlawfully operating a snowmobile on U.S. Forest Service property)


 

NORTH CAROLINA

Myers v. McGrady, 170 N.C. App. 501, 613 S.E.2d 334 (N.C. Ct. App. 2005) rev’d, 628 S.E.2d 761 (N.C. 2006) (“public duty” exception to Tort Claims Act is not applicable to shield Division of Forest Resources from liability for negligently failing to extinguish forest fire)


 

NORTH DAKOTA

Dixon v. McKenzie County Grazing Ass’n, 675 N.W.2d 414 (N.D. 2004) (dilution of grazing preferences; unauthorized grazing)


 

OHIO

State ex rel. Lakeview Local Sch. Dist. Bd. of Educ. v. Trumbull County Bd. of Comm’rs, 109 Ohio St. 3d 200 (Ohio 2006) (distribution of money received by the county from the State for federal mineral royalties)

Ferrone v. Medina Cty. Bd. of Revision, 827 N.E.2d 316 (Ohio 2005) (taxable value of forest land)

Buckeye Forest Council v. Div. of Mineral Res. Mgmt., No. 01 BA 18, 2002 WL 1371007 (Ohio Ct. App., Belmont County June 14, 2002) (mining in a forest area)


 

OREGON

Sarra v. Yamhill County Assessor, TC-MD 091431B, 2010 WL 2565135 (Or. T.C. June 28, 2010) (denial of land from forestland special assessment)

State, ex rel. Dep’t of Forestry v. PacifiCorp, 237 P.3d 861 (Or. Ct. App. 2010) opinion adhered to as modified on reconsideration, 042975L3, 2010 WL 3489343 (Or. Ct. App. Sept. 8, 2010) (liability of logging company for causing forest fire by negligently clearing trees)

Friends of Yamhill County v. Yamhill County, 211 P.3d 297 (Or. Ct. App. 2009) (requirements of forest template dwelling)

Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Comm’n, 346 Ore. 366 (Or., July 16, 2009) (area management plan provisions did not adequately protect natural and cultural resources)

Tucker v. Lane County Assessor, TC-MD 080902D, 2009 WL 88120 (Or. T.C. Jan. 14, 2009) (denial of land from forestland special assessment)

Hale v. Klemp, 184 P.3d 1185 (Or. Ct. App. 2008) (trespass claim for application of chemical herbicide to trees on forest land)

Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Comm’n, 215 Ore. App. 557 (Or. Ct. App. 2007) (expansion of existing industrial uses throughout scenic area)

Birmingham v. Dep’t of Forestry, 149 P.3d 600 (Or. Ct. App. 2006) (approval of land exchange between state Department of Forestry and private landowners)

Birmingham v. Dep’t of Forestry (In re G & N Land Exchange), 209 Ore. App. 736 (Or. Ct. App. 2006) (land exchange between Oregon Department of Forestry and private landowners)

Holland v. Josephine County Assessor, TC-MD 050653B, 2006 WL 3053316 (Or. T.C. Oct. 26, 2006) (tax designation of small tract forestland)

Meyer v. Lane County Assessor, TC-MD 050572E, 2006 WL 1132356 (Or. T.C. Apr. 21, 2006) (denial of application for forestland special tax assessment)

Sisters Forest Planning Comm. v. Deschutes County, 108 P.3d 1175 (Or. Ct. App. 2005) (county approval of individual’s application to build dwelling on land zoned for forest)

Coast Range Conifers, LLC v. State ex rel. Oregon State Bd. of Forestry, 117 P.3d 990 (Or. 2005) (denial of Board of Forestry to grant permit to logging company)

Hoversland v. Washington County Assessor, TC-MD 031070B, 2005 WL 1083700 (Or. T.C. Jan. 27, 2005) (no longer qualified for “Special Assessment as Designated Forestland” because it did not meet stocking requirement)

Thomas Creek Lumber & Log Co. v. Bd. of Forestry, 69 P.3d 1238 (Or. Ct. App. 2003) (civil penalties for violations of timber harvesting provisions)

Boise Cascade Corp. v. Bd. of Forestry, 63 P.3d 598 (Or. Ct. App. 2003) (denial of logging permit by Board of Forestry’s due to presence of spotted owl)

Dep’t of Revenue v. Rankin, 17 OTR 124 (Or. T.C. 2003) (property of taxpayers qualified for forest deferral)

Gambee v. Dep’t of Forestry, 81 P.3d 734 (Or. Ct. App. 2003) (imposition of penalties by Board of Forestry for violations of Forest Practices Act)

State v. Meredith, 184 Ore. App. 523 (Or. Ct. App. 2002) (no evidence of a cognizable privacy interest)

Allen v. Lane County Assessor, 011168C, 2002 WL 902078 (Or. T.C. Apr. 26, 2002) (property is disqualified from forestland special tax assessment)

Rankin v. Lane County Assessor, 010811D, 2002 WL 32732655 (Or. T.C. Aug. 29, 2002) (removal of private property from forest deferral; re-designated as “tidelands”)


 

PENNSYLVANIA

Sher v. Berks County Bd. of Assessment Appeals, 940 A.2d 629 (Pa. Commw. Ct. 2008) (tax assessment of forest land under the state Clean and Green Act)

Stoltzfus v. Zoning Hearing Bd. of Eden Twp., Lancaster County, 937 A.2d 548 (Pa. Commw. Ct. 2007) (landowner’s log processing business did not constitute a forestry use)

Chrin Bros., Inc. v. Williams Twp. Zoning Hearing Bd., 815 A.2d 1179 (Pa. Commw. Ct. 2003) (zoning ordinance prohibiting clear cutting was not unduly restrictive)

Wending Creek 3656, LLC v. Potter County Bd. of Assessment Appeals, 885 A.2d 690 (Pa. Commw. Ct. 2005) (alteration of forest land under the state Farmland and Forest Land Assessment Act)

Texas Keystone Inc. v. Pennsylvania Dep’t of Conservation & Natural Res., 851 A.2d 228 (Pa. Commw. Ct. 2004) (permits for natural gas on forest land denied)


 

RHODE ISLAND

Providence Water Supply Bd. v. Beattie, C.A. 02-5166, 2006 WL 270096 (R.I. Super. Feb. 3, 2006) (rejection of application for forest land tax classification)


 

SOUTH CAROLINA

Swanson v. Stratos, 350 S.C. 116, 564 S.E.2d 117 (S.C. Ct. App. 2002) (forester seeks to recover for sale of timber and marking reserved area for woodpecker)


 

SOUTH DAKOTA

Titus v. Chapman, 687 N.W.2d 918 (SD 2004) (reliance on U.S. Forest Service survey for private land dispute)


 

TENNESSEE

W. Exp., Inc. v. Metro. Gov’t of Nashville & Davidson County, M2005-00353-COA-R3CV, 2007 WL 2089744 (Tenn. Ct. App. July 11, 2007) (urban forester’s authority to ensure compliance with local tree density ordinance)


 

TEXAS

State v. Siller, 01-09-00494-CR, 2010 WL 987748 (Tex. App. Mar. 18, 2010) (criminal liability for unlawful outdoor burning of timber)

State v. River Forest Dev. Co., 315 S.W.3d 128 (Tex. App. 2010) (regulation authorizing outdoor burning for land clearing was not unconstitutionally vague)

State v. Montgomery County, 262 S.W.3d 439 (Tex. App. 2008) (county exercise of eminent domain power over state forest land)

Sullivan v. Smith, 110 S.W.3d 545 (Tex. App. 2003) (commission contracts between forester and timber owners)


 

UTAH

State v. Reber, 171 P.3d 406 (Utah 2007) (attempted wanton destruction of protected wildlife)


 

VERMONT

In re Vill. Associates Act 250 Land Use Permit, 998 A.2d 712 (Vt. 2010) (cost of removing trees for housing development).

In re Shaw, 945 A.2d 919 (Vt. 2008) (local zoning protections of forested areas and placement of telecommunications towers)

Jones v. Dep’t of Forests, Parks & Recreation, 857 A.2d 271 (Vt. 2004) (violation of forest management plans)


 

VIRGINIA

Campbell v. Com., Dep’t of Forestry, 616 S.E.2d 33 (Va. Ct. App. 2005) (orders issued by Department of Forestry regarding silvicultural activities affecting water quality)

Amstutz v. Everett Jones Lumber Corp., 604 S.E.2d 437 (Va. 2004) (use of private roads for purposes of forestry, timbering, or logging, and prescriptive easements)


 

WASHINGTON

Westergreen v. Whatcom County, 156 Wash. App. 1032 (Wash. Ct. App. 2010) (right of state Department of Natural Resources to request reconveyance of state forest lands)

Stafne v. Snohomish County, 234 P.3d 225 (Wash. Ct. App. 2010) (application to rezone property from commercial forest land to low density rural residential land)

Chuckanut Conservancy v. Washington State Dep’t of Natural Res., 232 P.3d 1154 (Wash. Ct. App. 2010) (reliance on environmental impact statements regarding part of forest set aside)

Ruiz v. State, 225 P.3d 458 (Wash. Ct. App. 2010) review denied, 236 P.3d 896 (Wash. 2010) (forest landowner and state are immune under Forest Practices Act to negligence claim)

Washington State Dep’t of Natural Res. v. Browning, 147 Wash. App. 1031 (Wash. Ct. App. 2008) (requirement of forest practices permits for timber harvesting)

Cascade Floral Products, Inc. v. Dep’t of Labor & Indus., 177 P.3d 124 (Wash. Ct. App. 2008) (brush picking companies did not perform forestation)

Woods v. Kittitas County, 174 P.3d 25 (Wash. 2007) (re-zoning forest land to range and rural land)

Swinomish Indian Tribal Cmty. v. W. Wash. Growth Mgmt. Hearings Bd., 199 P.3d 1198 (Wash. 2007) (“no harm” standard can be adequate for critical area protection)

Alpine Lakes Prot. Soc’y v. Washington State Dep’t of Ecology, 144 P.3d 385 (Wash. Ct. App. 2006) (rulemaking authority of state Forest Practices Board and state Department of Ecology)

Friends of the Col. Gorge v. Forest Prac. Bd., 118 P.3d 354 (Wash. Ct. App. 2005) (permit to convert forest land within a special management area to new agricultural use)

Johnson Forestry Contracting, Inc. v. Washington State Dep’t of Natural Res., 126 P.3d 45 (Wash. Ct. App. 2005) (deviation from forestry and timber harvesting applications and violations of the Forest Practices Act)

Johnson Forestry Contracting, Inc. v. Washington State Dep’t of Natural Res., 126 P.3d 45 (Wash. Ct. App. 2005) (violations of Forest Practices Act)

Alpental Cmty. Club, Inc. v. Seattle Gymnastics Soc., 111 P.3d 257 (Wash. 2005) (nuisance action against upslope clear-cutting)

State Owned Forests v. Sutherland, 101 P.3d 880 (Wash. Ct. App. 2004) (Department of Natural Resources’ decision to extend resource plan is a propriety decision not subject to judicial review)

Henderson v. Kittitas County, 100 P.3d 842 (Wash. Ct. App. 2004) (re-zoning land from forest and range land to agricultural land)

Kettle Range v. Dep’t of Nat. Res., 85 P.3d 894 (Wash. Ct. App. 2003) (determination of nonsignificance and approval of a watershed analysis)

In re Tortorelli, 66 P.3d 606 (Wash. 2003) (liability for salvaging stray logs and submerged trees; state owned ancient forest remnants and submerged logs)

Nw. Ecosystem Alliance v. Washington Forest Practices Bd., 66 P.3d 614 (Wash. 2003) (obligation of state to promulgate regulations under Forest Practices Act and other environmental protection laws)

Thornhill v. King County, No. 51277-3-I, 116 Wash. App. 1034 (Wash. Ct. App. April 7, 2003) (clearing and grading private property without a permit)

Holbrook, Inc. v. Clark County, 49 P.3d 142 (Wash. Ct. App. 2002) (designation of developer’s property as forest resource land under Growth Management Act)


 

WISCONSIN

Heritage Farms, Inc. v. Markel Ins. Co., 762 N.W.2d 652 (Wis. 2008) (liability of campers and campground to property owners who suffered damages from fire)

State v. Gustafson, Nos. 2008AP845-FT, 2008AP846-FT, 2008 WL 4684340 (Wis. Ct. App. Aug. 26, 2008) (criminal conviction for harvesting raw forest products without notification; state must prove products were in fact raw forest products)

In re Estate of Warnecke, 713 N.W.2d 109 (Wis. Ct. App. 2006) (grantor not entitled to return of property after death of grantee who failed to continue enrollment of property under the managed forest land program)

Vill. of Lannon v. Wood-Land Contractors, Inc., 672 N.W.2d 275 (Wis. 2003) (tax statute setting forth personal property exemption for logging equipment required use of equipment test)

Bill’s Distrib., Ltd. v. Cormican, 647 N.W.2d 908 (Wis. App. 2002) (measure of damages for timber trespass)


 

WYOMING

Billings v. Wyo. Bd. of Outfitters & Prof’l Guides, 88 P.3d 455 (Wyo. 2004) (outfitter’s license revoked)

Yeager v. Forbes, 78 P.3d 241 (Wyo. 2003) (no public or private prescriptive easement)