ELR Citation: 43 ELR 20090
No(s). 11-35729 (9th Cir. Apr 25, 2013)

The Ninth Circuit held that a court may not approve a consent decree that substantially and permanently amends regulations that the agency could only otherwise amend by complying with statutory rulemaking procedures. The consent decree at issue in the case arose from a settlement between environmental groups and federal agencies concerning changes to the Northwest Forest Plan's Survey and Manage Standard, which was adopted to assist the agencies in assessing the impact of logging on approximately 400 little-known but ecologically crucial species. The decree included changes to species classifications and establishes new exemptions from pre-disturbance surveys. But because the consent decree allowed for substantial, permanent amendments to the Survey and Manage Standard that otherwise would have been subject to statutory rulemaking procedures, it impermissibly conflicted with laws governing the process for such amendments. The lower court order approving the decree was therefore reversed and remanded.