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:

• Northern California March 30, 2007 Ruling, 60 pages, .PDF

• April 27, 2007 U.S. Forest Service Washington Office letter to Regional Foresters with attachment, 2 pages, .PDF

• May 11, 2007 Federal Register - Forest Service Notice of Intent to prepare an Environmental Impact Statement for Land management Planning Rule, 2 pages, .PDF

• Notice e-mailed by the Forest Service Washington Office to 560 e-mail addresses and 60 postal addresses on the Federal Register Notice, 3 pages, .PDF

• Questions and Answers regarding 2005 Planning Rule Injunction

• 2004 Interpretive Rule

• 2000 Planning Rule

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.
  

USDA Forest Service - Northern Region
Last Modified: Thursday, 10 April 2008 at 12:28:24 EDT