Facts of the Case

Earth Island Institute, along with several other environmental groups, filed suit against the United States Forest Service in the U.S. District Court for the Eastern District of California alleging that certain Forest Service regulations violated the Forest Service Decision Making and Appeals Reform Act (ARA). The ARA requires the Forest Service to establish an administrative appeals process providing an opportunity for notice and comment. Earth Island brought this claim when, in 2003, the Forest Service issued new regulations greatly limiting notice, appeals and public comment on certain categorically excluded activities. The district court found for the plaintiffs and issued a nationwide injunction against the Forest Service.

The U.S. Court of Appeals for the Ninth Circuit affirmed the district court's ruling, holding that if Congress intended to allow the Forest Service to limit notice, appeals and comment for categorically excluded activities (as the regulations did) it would not have enacted the ARA in the first place. In seeking certiorari, the Forest Service argued that the Ninth Circuit had overstepped its bounds in invalidating the regulations and that the plaintiffs lacked standing to bring the suit because the case was not yet ripe for judicial review.

Question

Does the United States Forest Service violate the requirements of the Forest Service Decision Making and Appeals Reform Act when it enacts regulations severely limiting the rights of notice, appeals and public comment on certain categorically excluded projects?

Conclusion

None