ELR Citation: ELR 20162
No(s). s. 05-16975, -17078 (9th Cir. Aug 10, 2006)

The court upholds a lower court decision invalidating a U.S. Forest Service regulation governing the review of decisions implementing forest plans, but remands the court's judgment with respect to the remaining challenged regulations on ripeness grounds. Only one of the regulations, 36 C.F.R. §215.12(f), has actually been applied to a proposed project and, therefore, is ripe for review. Because this regulation conflicts with the Forest Service Decisionmaking and Appeals Reform Act, which pertains to procedures relating to public comment and administrative appeal of proposed forest management actions, the lower court properly enjoined its enforcement. But the lower court's judgment and injunction with respect to the remaining regulations must be vacated on remand because they are not ripe for review.