Protecting Nelder Grove Sequoias From a False Emergency

A lawsuit challenging the U.S. Forest Service’s emergency logging plan in the Nelder Sequoia Grove of California’s Sierra National Forest remains active in federal court. Brought by Earth Island Institute and supported by the Earthrise Law Center, the case argues that the Forest Service bypassed required environmental review under NEPA when it approved logging on 1,400 acres without identifying a categorical exclusion (CE).

Instead of seeking a preliminary injunction, the plaintiffs negotiated an agreement requiring the agency to provide two weeks’ notice before logging in the most severely burned units—areas now experiencing significant sequoia regeneration. Logging has already destroyed young sequoias in nearby units, raising alarms among conservationists.

In January, the Forest Service issued a new memo identifying the CE for the first time and announced it would not move forward with logging more than 700 acres, including high-burn zones. While the plaintiffs view this as a win, they are weighing whether to challenge the CE’s use directly.

The court has delayed a ruling on summary judgment, giving Earthrise and its clients time to consider next steps this spring.