ELR Citation: 42 ELR 20066
No(s). 11-679 (E.D. Cal. Mar 19, 2012) (O'Neil, J.)

A district court invalidated two U.S. Forest Service regulations exempting from public notice, comment, and administrative appeal requirements land and resource management plan decisions that are categorically excluded from NEPA review. The regulations violate the Forest Service Decisionmaking and Appeals Reform Act (ARA). The ARA requires the Forest Service to provide notice, an opportunity to comment, and an opportunity to appeal projects and activities implementing land and resource management plans developed under a forest plan. In addition, the legislative history of the ARA indicates that Congress did not intent to exclude from the notice, comment, and appeal those actions that are categorically excluded from documentation under NEPA. Yet despite the statute's clear language and congressional intent, the regulations at issue, 36 C.F.R. §§215.4(a) and 215.12(f), exclude from the notice, comment, and appeal process those projects that have been categorically excluded from documentation in an EA or EIS pursuant to NEPA. As such, they violate the ARA. The court, therefore, enjoined the Service from implementing the invalidated regulations.