RECENT FEDERAL DECISIONS

October 2009

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Ninth Circuit Affirms Order Permanently Enjoining Implementation of U.S. Forest Service’s State Petitions Rule
People of the State of California v. U.S. Department of Agriculture, ___F.3d.__

On August 5, 2009, the Ninth Circuit Court of Appeals affirmed an order of the U.S. District Court for the Northern District of California permanently enjoining implementation of the State Petitions Rule promulgated by the Unites States Forest Service because the Forest Service violated the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). More specifically, the Ninth Circuit found that the Forest Service’s use of a categorical exemption to repeal the nationwide protections of the Roadless Area Conservation Rule and to invite states to pursue varying rules for roadless area management was unreasonable. The Ninth Circuit further found that the District Court did not abuse its discretion in ordering the Forest Service to comply with the Roadless Rule as a remedy.