Northern
Region
Federal Building
200 E. Broadway
P.O. Box 7669
Missoula, MT
59807-7669
INFO:
(406) 329-3511
FAX:
(406) 329-3347
TDD/TTY:
(406) 329-3510
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2005 Land Management Planning Rule Status
[EDITOR'S
NOTE: Hereinafter also known as the 2005 Planning Rule and 2005
Rule.]
Recent Court Ruling on the 2005 Planning Rule
On March 30, Judge Phyllis Hamilton of the U.S. District Court for the
Northern District of California enjoined the Forest Service from utilizing
and implementing the 2005 Planning Rule. The Court held that the Forest
Service violated the Administrative Procedures Act (APA), for not adequately
involving the public in developing the 2005 Planning Rule; the Endangered
Species Act (ESA), for not properly consulting with the U.S. Fish and
Wildlife Service; and the National Environmental Policy Act (NEPA), by
improperly applying a categorical exclusion and not fully evaluating the
environmental impacts in promulgating the 2005 Planning Rule. The court
remanded the decision to the Department of Agriculture for compliance
with the APA, ESA, and NEPA.
For more information please review the following documents:
- May 11, 2007 Federal
Register - Forest Service Notice of Intent to prepare an Environmental
Impact Statement for Land management Planning Rule, 2 pages, .PDF
Key Messages
- On March 30, 2007, the Forest Service was enjoined from implementing
or utilizing the 2005 Planning Rule:
- The Court ruled that the Agency violated the Administrative Procedures
Act (APA), National Environmental Policy Act (NEPA), and Endangered
Species Act (ESA) in the development of the 2005 Planning Rule.
- On April 27, 2007, the Regional Foresters received guidance from our
Washington Office on how to proceed:
- Forests are to operate under the 2000 Planning Rule, including
the transition provisions as clarified by the 2004 Interpretive
Rule. This means Forests revising under the 1982 procedures may
continue revision.
- Forests cannot implement activities specific to the 2005 Planning
Rule, therefore, plans tied to the 2005 Rule will not be released
for public comment or objection.
- The Agency has filed a motion with the Court to alter or amend judgment
ruled by the Court on March 30, 2007. The motion also asked the Court
to clarify what Regions within the Forest Service are affected by this
ruling. It is unknown at this time when the Court will issue a decision
on the motion.
- Meanwhile, the Agency intends to take the following actions that are
consistent with the Court's ruling:
- Address the Court's ruling regarding the Administrative Procedure
Act (APA): The Agency is taking steps to promulgate a new Planning
Rule under APA, which includes a comment period ending June 11,
2007.
- Address the Court's ruling regarding the National Environmental
Policy Act (NEPA): The Agency is studying environmental effects
of a new Planning Rule.
- Address the Court's ruling regarding the Endangered Species Act
(ESA) compliance: The Agency is consulting with U.S. Fish and Wildlife
and National Oceanic and Atmospheric Administration (NOAA) Fisheries.
- The Notice of Intent to prepare an Environmental Impact Statement
(EIS) was published in the Federal Register on May 11, 2007, that
begins the comment period which ends June 11, 2007.
In the Northern Region
- We will not be releasing Plans for the Lolo, Bitterroot, Flathead,
Kootenai, Idaho Panhandle, and Clearwater/Nez Perce National Forests
under the 2005 Planning Rule, unless a subsequent Court action should
allow us to do so.
- We will continue to monitor Forest Service and Court proceedings
toward resolution of the legal challenges.
There has been extensive collaboration, public involvement, and internal
effort up to this point on the Land Management Plans in this Region.
When it is clear which direction the revision Forests are to proceed,
the collaboration and internal work accomplished to date will serve
as a starting point for finalizing the Plans.
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