ELR Citation: ELR 20063
No(s). s. 04-1317, -1346 (10th Cir. Mar 28, 2006)

The court grants the U.S. Forest Service's motion to dismiss claims that a special use permit authorizing a water supply company to store water on certain lands within the Roosevelt National Forest violated the Federal Land Policy and Management Act (FLPMA). The district court's decision that the permit violated FLPMA is not a final, appealable order because it remanded the permit to the agency for further consideration. The case does not require urgent or immediate judicial consideration, and delayed review will not result in injustice. If the Forest Service's decision on remand is not satisfactory, the challengers can pursue administrative remedies and, if necessary, judicial review at a later stage in the proceedings.