Citizens for the Management of Alaska Lands v. Department of Agric.
Citation: 8 ELR 20576
No. No. J78-1, 447 F. Supp. 753/11 ERC 2096/(D. Alaska, 03/08/1978)
The court dismisses a suit to require the Secretary of Agriculture to withdraw a report to Congress on H.R. 39, the Alaska lands bill, until a land use management plan for the Tongass National Forest has been completed. Declining to find that the report embodied agency recommendations for legislative action rather than simply a presentation of information in response to a congressional request, the court rules that preparation of an environmental impact statement under the National Environmental Policy Act was not necessary in conjunction with the agency's response to a congressional inquiry. The court notes that it is unclear that injunctive relief could benefit the plaintiff in any event since Congress is aware that the agency has not considered all environmental factors surrounding the report. Plaintiff has also failed to state a claim upon which relief can be granted under the Forest and Rangeland Renewable Resources Planning Act.
Counsel for Plaintiff
James F. Clark
Robertson, Monagle, Eastaugh & Bradley
P.O. Box 1211, Juneau AK 99801
Counsel for Defendants
Alexander O. Bryner, U.S. Attorney; Milton L. Moss, Ass't U.S. Attorney
P.O. Box 680, Anchorage AK 99510