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Earth Island Inst. v. Ruthenbeck

ELR Citation: 37 ELR 20133
Nos. No. 05-16975, (9th Cir., 06/08/2007) amended opinion

The Ninth Circuit upheld a lower court decision invalidating U.S. Forest Service regulations governing the review of decisions implementing forest plans, but remanded the court's judgment with respect to the remaining challenged regulations on ripeness grounds. Only two of the regulations, 36 C.F.R. §215.12(f) and 215.4(a), have actually been applied to a proposed project and, therefore, are ripe for review. Because these regulations conflict with the Forest Service Decisionmaking and Appeals Reform Act, which pertains to procedures relating to public comment and administrative appeal of proposed forest management actions, the lower court properly enjoined their enforcement. But the lower court's judgment and injunction with respect to the remaining regulations must be vacated on remand because they are not ripe for review.

[The court's prior decision is available at 36 ELR 20162.]