Being no expert on NEPA, I am admittedly not an authority on the law, nor the intent. I am only saying that when the two judges that ruled against the Bush Administration position are presumably conservative Republican judges, the fault may rest with the law and not the judges.
It's a legitimate point, but I have my issues with it. To me, this looks more like the Bush Administration posturing as if it doesn't want forests to burn and then throwing the case.