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Bensman v. U.S. Forest Serv.

ELR Citation: 35 ELR 20111
Nos. No. 03-4041, (7th Cir., 06/02/2005)

The Seventh Circuit upheld the dismissal of a nonprofit's untimely appeal of certain U.S. Forest Service projects. The nonprofit relied on the Forest Service's statement as to the due date for the filings, but the statement was wrong and the Forest Service therefore refused to hear them. Neither the doctrine of equitable tolling nor the doctrine of equitable estoppel excuse the lateness of the filing. The nonprofit could have filed in time had it exercised due diligence, and there is no evidence of affirmative misconduct by the Forest Service.