Forest Service appeal regs exempting CE’s dinged again by federal courts

A federal court ruling yesterday one again enjoined the Forest Service regulations that exempted Categorical Exclusion (CE) decisions from notice, comment and appeal.  According to one of the attorney’s who worked the case,  “This certainly means any new CE’d decisions must be subject to notice, comment and appeal – beyond that, and how this will affect …

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A McKenzie Bridge logging plan takes neighbors by surprise

(The following article appeared in today’s Eugene Register-Guard. – mk) McKENZIE BRIDGE — Jerry Gil­mour is able to escape from Bend most weekends and drive over the Santiam Pass to his wooded retreat, a cabin he built on a 4-acre swath of pristine land bordering the Willamette National Forest.  A few weeks back, Gilmour drove …

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Appeal Challenges Old-growth Logging Near Grand Canyon

(Below is the press release from the Center for Biological Diversity.  Click here to download a copy of the appeal.  Photos of the Jacob Ryan project area, including old-growth trees aged by the Center and previously marked for logging by the Forest Service, can be seen and downloaded here. – mk) Photo:  Center for Biological …

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The Missoulian on Objections and Appeals

Thanks to the Missoulian for giving us a break from the planning rule.. my comments in italics.. U.S. Forest Service streamlines appeal process By ROB CHANEY of the Missoulian | Posted: Saturday, January 28, 2012 10:16 pm | No Comments Posted What’s the difference between an appeal and an objection? When dealing with the U.S. …

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2012 Appropriations Language- Objections and Other Topics of Interest

Here’s a link to the Appropriations Bill. I think NCFP readers might be particularly interested in this section (428): FOREST SERVICE PRE-DECISIONAL OBJECTION PROCESS SEC. 428. Hereafter, upon issuance of final regulations, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall apply section 105(a) of the Healthy Forests Restoration Act of …

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Stay Tuned: Conflict Resolution/Litigation Topic

Thank you to Martin, Ray, Matthew and Andy for your thoughtful posts on the use of litigation as a conflict resolution tool. What I would like to do next is to carefully read Martin’s essay, synthesize everyone’s points and reflect them back to you to make sure I understand them. Unfortunately, this is the time …

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Notes from the Battlefield: Is There a Better Way?

This post is the beginning of a series on the possibility of turning our public land conflict “swords” into “plowshares.” Outside our natural resource and public lands world, this is generally considered to be a good thing to do. Even though we shed only dollars, piles of documents and snarky words, not blood; we must …

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The Montana Conundrum II- Joint Fact Finding

Matthew Koehler had a very thoughtful response to the original post here. In continuing the dialogue, there are two main topics, what we might call developing an index of vegetation treatment intensity for each forest, and a discussion of why litigation rates are relatively high in Montana (or probably, more specifically Region 1 of the …

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Reflections on Dispute Resolution via the Courtroom: Field Trip to 10th Circuit Court of Appeals

Yesterday morning we visited the 10th Circuit Court of Appeals to listen to the appeal of Judge Brimmer’s decision on the 2001 Rule. There were three judges presiding,Anderson, Murphy and Holmes.  Since this is Women’s History Month, I have to point out that all the lead counsels, and all the judges were male.  The ratio of female to …

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New GAO Report on Appeals and Litigation

Here’s the link. Also check out Matt Koehler’s piece in New West and the comments. If you look at the comments, it turns out that in Region 1, 36% of projects that can be appealed are appealed, and 87% of those that can be objected to are objected to. I reviewed this GAO report’s predecessor …

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