ELR Citation: ELR 20134
No(s). 3-92-495 (D. Minn. Mar 12, 1993)

The court holds that the U.S. Forest Service's decision not to use pesticides in certain national forests is not "agency action" within the meaning of the National Environmental Policy Act (NEPA). The court first holds that plaintiff pesticide information organization alleges sufficient facts to establish general "user standing" to bring an action in federal court seeking to compel the Forest Service to conduct an environmental impact statement on the effects of its decision. The court holds, however, that plaintiffs lack standing to challenge this specific agency decision. The Forest Service's decision not to use pesticides is not "agency action" within the meaning of NEPA and, therefore, the Forest Service's decision is not subject to the Act's requirements. Such a broad reading of the term would render the "agency action" requirement meaningless by imposing NEPA's requirements on agencies when they decide to do nothing. The court dismisses the action for lack of subject matter jurisdiction.

Counsel for Plaintiff
Todd Welsh
Mountain States Legal Foundation
1660 Lincoln St., Ste. 2300, Denver CO 80264
(303) 861-0244

Counsel for Defendants
Fred Segret, Ass't U.S. Attorney
U.S. Attorney's Office
234 U.S. CtHse., 110 S. 4th St., Minneapolis MN 55401
(612) 348-1500