|RECENT FEDERAL DECISIONS|
Ninth Circuit Affirms Order Permanently Enjoining Implementation of U.S. Forest Service’s State Petitions Rule
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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.
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Read related items on:
Statutes - Federal) Endangered Species Act) Forest Lands
Statutes - Federal) National Forest Management Act) Roadless Area Conservation Rule
Topics) Litigation) Injunctive Relief
9th Circuit Court of Appeals
Roadless Area Conservation Rule
State Petitions Rule
State of California v. U.S. Department of Agriculture