ELR Citation: ELR 21040
No(s). 90-35774 (9th Cir. Apr 26, 1991)

The court holds that the doctrine of equitable tolling permits environmental groups to challenge timber sales in old growth forests of the Pacific Northwest. Section 318 of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1990 (Appropriations Act) requires that challenges to a timber sale be filed in district court within 15 days of its advertisement. The environmental groups challenged timber sales in thirteen national forests in Oregon and Washington under the National Environmental Policy Act, the National Forest Management Act, and the Migratory Bird Treaty Act. After the district court enjoined the sales, Congress added a provision to the Appropriations Act declaring that the timber sales at issue in this case were lawful. The court held that Congress violated the separation-of-powers doctrine when it enacted §318 of the Appropriations Act. The environmental groups filed this case challenging the timber sales and arguing that the 15-day limitations period should be equitably tolled. The court first holds that §318 does not rebut the presumption that equitable tolling applies. The court next holds that external forces, namely the unconstitutional provision of the Appropriations Act, prevented the environmental groups from meeting the 15-day deadline. Finally, the court holds that the Forest Service is not prejudiced by equitable tolling. The court does not rule on whether the environmental groups' claim is equitably tolled while the interlocutory appeal was pending.

[The district court opinion is published at 20 ELR 21167. A related opinion is published at 21 ELR 20019].

Counsel for Appellants
Todd D. True
Sierra Club Legal Defense Fund
216 First Ave. S., Ste. 330, Seattle WA 98104
(206) 343-7340

Counsel for Appellees
Mark Rutzick
Preston, Thorgrimson, Ellis & Holman
3200 U.S. Bancorp Tower, 111 S.W. Fifth Ave., Portland OR 97204
(503) 228-3200

Anne S. Almy
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000