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Earth Island Institute Sequoia Forestkeeper, a California Non-Profit Corporation Heartwood, an Indiana Non-Profit Corporation Center for Biological Diversity, a New Mexico Non-Profit Corporation Sierra Club v. Nancy Ruthenbeck United States Forest Service Ann M. Veneman Dale Bosworth, Earth Island Institute Sequoia Forestkeeper, a California Non-Profit Corporation Heartwood, an Indiana Nonprofit Corporation Center for Biological Diversity, a New Mexico Non-Profit Corporation Sierra Club v. Nancy Ruthenbeck United States Forest Service Ann M. Veneman Dale Bosworth

Citation: 459 F.3d 954Docket: 05-16975

Court: Court of Appeals for the Ninth Circuit; August 10, 2006; Federal Appellate Court

Narrative Opinion Summary

In this case, the United States Forest Service and individual defendants appealed a district court ruling that enjoined certain Forest Service regulations related to forest management, finding them inconsistent with the Forest Service Decisionmaking and Appeals Reform Act. The plaintiffs, environmental organizations collectively referred to as Earth Island Institute, challenged the validity of four regulations. The Ninth Circuit affirmed the district court's finding of standing for the plaintiffs, taking into account personal and procedural injuries affecting their interests in national forests. However, the court determined that only one regulation, 36 C.F.R. 215.12(f), was ripe for review, as it had been applied to a specific project. The court upheld the district court's decision that this regulation conflicted with the Appeals Reform Act and affirmed the injunction against its application. In contrast, for the other regulations, the court remanded the case, instructing the district court to vacate its judgment due to the lack of a ripe controversy. Ultimately, the Ninth Circuit affirmed the nationwide injunction against the invalid regulation, citing the Administrative Procedure Act, while vacating and remanding the injunction concerning other challenged regulations. The parties were ordered to bear their own costs on appeal.

Legal Issues Addressed

Administrative Procedure Act and Nationwide Injunctions

Application: The court affirmed the district court's decision to issue a nationwide injunction against the regulation found inconsistent with the governing statute.

Reasoning: The nationwide injunction against this regulation is affirmed, while the court vacates the injunction concerning other challenged regulations and remands those matters to the district court for lack of a ripe controversy.

Chevron Deference and Agency Regulations

Application: The regulation was found to conflict with the explicit statutory requirement for an administrative appeal process, failing to meet the Chevron standard.

Reasoning: In the context of the ARA, which mandates the Secretary of Agriculture to establish a notice and comment process for the Forest Service, the regulation at 36 C.F.R. 215.12(f)—which excludes certain decisions from appeal—conflicts with the ARA's explicit requirement for an administrative appeal process.

Procedural and Informational Injuries Establishing Standing

Application: Plaintiffs established standing through procedural injuries, such as being unable to appeal due to the Forest Service's application of a specific regulation.

Reasoning: Earth Island was unable to appeal the Burnt Ridge Project due to the Forest Service's application of 36 C.F.R. 215.12(f), which constitutes a procedural injury supporting a challenge to the regulation.

Ripeness under Article III of the Constitution

Application: The court determined that only the regulation applied to a specific project was ripe for review, while other regulations lacked a ripe controversy.

Reasoning: However, the court determined that only one regulation, 36 C.F.R. 215.12(f), was ripe for review since it had been applied to a specific project.

Standing under Article III of the Constitution

Application: The Ninth Circuit affirmed the district court's finding of standing for the plaintiffs based on personal and procedural injuries affecting their interests in the national forests.

Reasoning: The Ninth Circuit Court affirmed the district court's finding of standing for the plaintiffs, based on an affidavit from Jim Bensman, a Heartwood employee who has a long-standing connection to National Forests and whose interests are adversely affected by the Forest Service's actions.