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Code · BILL · 116th Congress · H.R. 5859 (Introduced in House) — To establish forest management, reforestation, and utilization practices which lead to the sequestration of greenhous... · Sec. 202

Sec. 202. Emissions consideration of management injunctions

189 words·~1 min read·/bill/116/hr/5859/ih/section-202

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In considering any motion for equitable relief (including injunctive relief) applicable to a Federal agency action taken as part of a forest management activity, a court shall consider the effect on the ecosystem affected by the forest management activity of— the short-term and long-term effects if the agency action is carried out, including the potential decreased carbon storage through stand stagnation; and the short-term and long-term effects of not carrying out the action, including the potential for increased carbon emission due to wildfire.
The court reviewing the agency action shall consider the lifecycle analysis of carbon storage developed by the Secretary under section 103(b). Subject to paragraph (2), the length of any preliminary injunctive relief or stay pending appeal applicable to any Federal agency action as part of a forest management activity, may not exceed 60 days. A court may issue one or more renewals of any preliminary injunction or stay pending appeal granted under subsection (a). In each motion for renewal of an injunction in an action, the parties to the action shall present the court with updated information on the status of the authorized forest management activity.
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