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South Dakota Judge Dismisses Lawsuit Against Forest Service

Posted by nationalforestlawblog on February 8, 2011 at 10:26 AM

Federal Judge Jeff Viken (an Obama appointee) has dismissed a lawsuit filed by environmental groups challenging the Sunday Gulch area project that called for thinning.  He wrote that the environmental groups has failed to show that approval of the project was arbitrary and capricious.  The "Friend of the Norbeck" (or enemies depending upon your view of ecosystem management) vowed to appeal the decision.  A representative of that group took a veiled shot at Judge Viken, saying "The very purpose of the U.S. Court of Appeals system is to allow senior judges to correct the mistakes made in lower courts".  Viken, age 58, is older and more experienced than many of the judges on the court of appeals.  Read more from the Rapid City Journal here.

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