nited States Court of Appeals for the Federal Circuit
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SCOTT TIMBER CO. v. US (06/26/03 - No. 02-5142)
In a dispute arising over the suspension of timber contracts to protect
the marbled murrelet bird, five of the contracts at issue do not grant
the Forest Service suspension authority, and the trial court's summary
judgment that those contracts granted suspension authority is reversed.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/fed/025142.html

Essentially, it is a matter of too many laws, too many court actions and
too little knowledge in our profession. Obviously, there are inherent
risks with a man actually being able to do something productive today.
Ok, so 13 years down the road he's able to cut 5 out of 11 contracts that
didn't have a specific clause in them. It is interesting that the small
guys - Scott timber- had 2 attorneys present, and big brother the gummit-
had 6 attorneys present. No wonder we can't make any money on our timber
sales anymore! -It's all being tied up on attorney's fees!

It's going to get to a point where our country is at financial risk because
it is obviously not economically feasible to run this country without the
additions to our GNP from timber harvests. Looking through my crystal ball
I see a depression in the next upcoming decades due to this sort of
nonsense. It's time we changed the rules to increase the efficiency of the
management processes. United we stand. Divided, we fall.

GK

USA


Aozotorp wrote:

nited States Court of Appeals for the Federal Circuit
-----------------------------------------------------------------------
SCOTT TIMBER CO. v. US (06/26/03 - No. 02-5142)
In a dispute arising over the suspension of timber contracts to protect
the marbled murrelet bird, five of the contracts at issue do not grant
the Forest Service suspension authority, and the trial court's summary
judgment that those contracts granted suspension authority is reversed.

To read the full text of this opinion, go to:
http://laws.lp.findlaw.com/fed/025142.html