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Federal Lands Legal Found. v. U.S. Forest Serv.

ELR Citation: 23 ELR 20388
Nos. No. 91-0972-HB, (D.N.M., 12/07/1992)

The court holds that an organization of ranchers using federal land for livestock grazing lacks standing to compel the U.S. Forest Service and other federal agencies to promulgate regulations for the development of allotment management plans under the Public Rangelands Improvement Act (PRIA) and the Federal Land Policy and Management Act. The court finds that the organization had offered no proof that any member was injured by the government's failure to promulgate regulations. The court concludes that the organization wanted regulations specifying who will attend meetings held under the PRIA for developing allotment management plans, but the PRIA does not include the language the organization would like. The court holds that the organization did not prove the causation and redressability prongs of the constitutional standing inquiry. The court further finds that the organization did not establish its right to judicial review under the Administrative Procedure Act, and that it failed to point to final agency action. The organization never formally requested the government to commence or review rulemaking.

[Counsel not available at this printing.]