INITIAL LIST OF NFMA/FOREST PLANNING LITERATURE AND PERSPECTIVES
Here’s a quick list of some good, though limited, literature on NFMA and planning from a policy-law perspective. There is more out there of course, so be sure to send along additional recommended readings and we’ll make the list more comprehensive. But this is a good start…
You can simply use the comment feature here and add your suggestions.. from time to time we will add them to the document. Please send links to where they can be found on the internet, if possible.
Charles F. Wilkinson and H. Michael Anderson, Land and Resource Planning in the National Forests (Washington, D.C.: Island Press, 1987) (the most comprehensive history and assessment, still highly relevant).
“But if the NFMA stands for anything it is that the mystique is gone from federal timber law. The courts have been called in to measure agency performance against new statutory provisions of considerable specificity—and that basic fact of principled judicial oversight and enforcement has had, and will continue to have, a pronounced influence on the nature of Forest Service decisionmaking.” P. 75.
Michael C. Blumm and Sherry L. Bosse, Norton v. SUWA and the Unraveling of Federal Public Land Planning, 18 DUKE ENVTL. LAW & POLICY Y FORUM 105 (2007) (reviewing SUWA’s effect on litigation in the federal courts). http://papers.ssrn.com/sol3/papers.cfm?abstract_id=991149
Richard W. Behan, “The RPA/NFMA: Solution to a Nonexistent Problem,” 88 Journal of Forestry 20 (May 1990) (always provocative, and his argument is even more relevant today in light of all the place-based legislation being proposed). http://www.jstor.org/pss/4532336
Dennis C. LeMaster, 2005 Final Rule and the Process Predicament (USFS)
Pamela Baldwin, Analysis and Critique of the Forest Service Planning Regulations Proposed on December 6, 2002 (Congressional Research Service, 2003).
Federico Cheever, “Four Failed Forest Standards: What We Can Learn from the History of the National Forest Management Act’s Substantive Timber Management Provisions,” 77 Oregon Law Review 601, 705 (1998) http://papers.ssrn.com/sol3/papers.cfm?abstract_id=956584
Society for Conservation Biology, Committee on National Forest Planning and Management, Comments on Proposed Changes to the National Forest System Land and Resources Management Planning Rule (no date provided). http://www.conbio.org/sections/namerica/NAPolicy.CFM
Flournoy, A., Glicksman, R.L., and Clune, M. (2005). Regulations in name only: How the Bush Administration’s National Forest Planning Rule Frees the Forest Service from Mandatory Standards and Public Accountability. (A Center for Progressive Reform White Paper, No. 508)
Nathaniel Lawrence, “A Forest of Objections: The Effort to Drop NEPA Review for National Forest Management Act Plans,” Environmental Law Reporter 39 (2009): 10651.
Charles F. Wilkinson, “The National Forest Management Act: The Twenty Years Behind, The Twenty Years Ahead,” 68 University of Colorado Law Review 677 (1997) http://scholar.google.com/scholar?q=info:Ttxc-vtUlP4J:scholar.google.com/&hl=en&as_sdt=2000&output=viewport&pg=1
“Congress intended that NFMA planning would have exactly the same effect as local land-use planning—the plans would be binding on future agency actions and enforceable in court—and it is in the enlightened self-interest of the [USFS] not only to accept that fact, but to advocate it.” P. 675 (1997).
Jack Tuholske and Beth Brennan, “The National Forest Management Act: Judicial Interpretation of a Substantive Environmental Statute,” 15 Public Land Law Review 53 (1994) http://www.thefreelibrary.com/Eliminating+the+National+Forest+Management+Act’s+diversity…-a019704896
Robert Glicksman, “Bridging Data Gaps Through Modeling and Evaluation of Surrogates: Use of Best Available Science to Protect Biological Diversity Under the National Forest Management Act,” 83 Indiana Law Journal 465 (2008)
Robert B. Keiter, “Public Lands and Law Reform: Putting Theory, Policy, and Practice in Perspective,” Utah Law Review, 2005, no. 3 (2005): 1127-1226. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=930131
Nie, Martin. “Governing the Tongass: National Forest Conflict & Political Decision Making,” Environmental Law 36, no. 2 (2006): 385-480 (examining the most pathological for its diagnostic value)
Nie, M. “The 2005 National Forest System Land and Resource Management Planning Regulations: Comments and Analysis.” Public Land & Resources Law Review 27 (2006): 99-106.
Bradley C. Karkkainen, “Toward a Smarter NEPA: Monitoring and Managing Government’s Environmental Performance,” 102 Columbia Law Review 903, 908 (2002) (proposing a smarter-yet-streamlined NEPA by using more monitoring and adjustments rather than mere ex-ante predictions). http://papers.ssrn.com/sol3/papers.cfm?abstract_id=294659
“NEPA ambitiously, and naively, demands the impossible: comprehensive, synoptic rationality, in the form of an exhaustive, one-shot set of ex-ante predictions of expected environmental impacts.” P. 906.
Roger A. Sedjo, “Mission Impossible,” 97 Journal of Forestry (May 1999), 6, 13-14 (see this issue for more perspectives on the Committee’s Report). http://www.ingentaconnect.com/content/saf/jof/1999/00000097/00000005/art00007
George Hoberg, “Science, Politics, and U.S. Forest Service Law: The Battle over the Forest Service Planning Rule,” 44 Natural Resources Journal 1, 24 (2004) (another critical take on the 2000 planning regulations and COS)
Anna M. Seidman and Douglas S. Burdin, “Forest Wildlife Management: A Legal Battleground for a Scientific Dilemma,” 20(2) Natural Resources & Environment 40 (2005). http://heinonline.org/HOL/Pagehandle=hein.journals/nre20&div=29&g_sent=1&collection=journals
Holly Doremus, “Adaptive Management, the Endangered Species Act, and the Institutional Challenges of ‘New Age’ Environmental Protection,” 41 Washburn Law Journal 50 (2001) (she has written all sorts of neat stuff on how adaptive management can possibly work in a planning process; with this piece focused on the possibility of using pre-negotiated commitments in an adaptive management/monitoring framework).
Review of the New NFMA Planning Regulations (WildLaw White Paper, 2005).
Barry R. Noon, et al., “Conservation Science, Biodiversity, and the 2005 U.S. Forest Service Regulations,” 19(5) Conservation Biology 1359 (2005).
George Cameron Coggins, The Developing Law of Land Use Planning on the Federal Lands, 61 U. COLO. L. REV. (1999), 307, 309. http://heinonline.org/HOL/Page?handle=hein.journals/ucollr61&div=20&g_sent=1&collection=journals “[T]he greater danger is that the agency will promulgate plans so general as to be meaningless as limitations on or guidelines for subsequent management decisions.”
Ray Vaughn, A Modest Proposal for the U.S. Forest Service (Short Version), A White Paper published in Management by Exclusion: The Forest Service Use of Categorical Exclusions from NEPA: Oversight Hearing Before House Comm. on Natural Resources (110th Cong.), 86 (“The seemingly endless days of conflict and trench warfare among competing concerns wear down parties while the needs of the forests are sidelined”).