VOL. I · NO. 8592WEDNESDAY, SEPTEMBER 9, 2026
The Daily Buffoon
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COURTS ✒ EDITORIAL ABSURDITY:

First Circuit unlikely to stop Trump plan for logging near Appalachian Trail

Filed 1h ago · Via Courthouse News · The Buffoon Desk
THIS STORY IS SCORED
Myst
Kevin MacLeod · incompetech.com · CC BY 4.0
Photo: Carol M. Highsmith · Public domain · via Wikimedia Commons

The First Circuit heard arguments over a Trump administration plan allowing timber harvesting, including clear-cutting, on several thousand acres of New Hampshire's White Mountain National Forest, near Mount Washington and along stretches of the Appalachian Trail. Environmental group Standing Trees argues the Forest Service failed to properly weigh impacts on water quality, the endangered northern long-eared bat, and old-growth forest, violating federal environmental and procedural law.

Judges including Gustavo Gelpí and Chief Judge David Barron appeared skeptical of overturning the lower court, with Barron suggesting Standing Trees had forfeited its core argument by telling the district court the agency's documents were merely 'indecipherable' rather than substantively deficient. The Forest Service's attorney maintained the agency had analyzed all forest stands and removed any containing old growth, even as he acknowledged the numbering system across documents was confusing enough to explain the original complaint.

Judge Julie Rikelman pressed both sides on whether specific maps showed old-growth logging, saying the court 'couldn't find that in the record,' while Gelpí reiterated that courts owe deference to agency expertise on technical questions unless the decision was arbitrary and capricious.

The full dispatch is available from the source below.

✒ FROM THE EDITORIAL DESK
An agency lawyer admitting the numbering system is confusing while insisting the underlying analysis is sound is a peculiar kind of confidence. Courts bending toward deference on 'technical matters' is an old habit, and it tends to mean the fine print wins over the view from the trail. Mount Washington will still be there after the ruling, the question is how much forest is standing around it.
Source: Read the original at Courthouse News → Scored: Myst · Kevin MacLeod · CC BY 4.0
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