ELR Citation: ELR 20496
No(s). CS-91-00061-RJM (E.D. Wash. Oct 23, 1992)

The court grants a protective order limiting to the administrative record review of a plan prepared by the U.S. Forest Service for the Colville National Forest in Washington. The court holds that discovery to supplement the record is inappropriate, because plaintiff environmental organizations failed to present adequate grounds for finding that the record supporting the plan is inadequate or incomplete. Furthermore, plaintiffs have not examined the entire administrative record to determine if it is incomplete. The court finds that the plaintiffs have not articulated clear reasons for doubting the Forest Service's scientific ability, and although they assert that the Forest Service acted in bad faith, their brief does not indicate what should be viewed as evidence of bad faith. Finally, the court holds that it is premature to address the plaintiffs' assertions that the plan violates various statutes until they have exhausted their administrative remedies.

Counsel for Plaintiffs
Charles M. Anderson, Tom P. May
May & Sawyer
W. 1415 Third Ave., Spokane WA 99204
(509) 747-4406

Counsel for Defendants
Carroll Gray, Ass't U.S. Attorney
U.S. Attorney's Office
W. 920 Riverside Ave., Ste. 340, Spokane WA 99201
(509) 353-2767