ELR Citation: ELR 20018
No(s). 87-1160-FR (D. Or. Dec 21, 1989)

The court holds moot an action challenging the Bureau of Land Management's (BLM's) decision not to supplement its environmental impact statement for timber management plans in Oregon based on new information on the northern spotted owl. The court holds that the case became moot when Congress passed §318 of the 1990 Department of the Interior and Related Agencies Appropriations Act, which identifies the instant case by caption and file number and provides that the challenged timber management plan satisfies the relevant environmental laws that form the basis of the plaintiffs' suit. The court adopts the holding in Seattle Audubon Society v. Robertson, 20 ELR 21167, that §318 is constitutional and specifically bars review during fiscal year 1990. The court next holds that dismissal will not prejudice plaintiffs. To retain jurisdiction to resolve issues after fiscal year 1990 is improper, because the existing BLM decision will have no effect after fiscal year 1990 and will be replaced by a new management decision, which plaintiffs will be free to challenge. Further, access to the federal courts is immediate, the filing of a new complaint is essential to the presentation of any future controversy, and the filing fee is not prohibitive. The court also observes that dismissal without prejudice advances congressional goals and judicial interests, because BLM has long been under a directive of Congress to complete new resource management plans to replace the timber management plans that were used in the 1980s.

[This decision is reversed by the 9th Circuit at 21 ELR 20019. Related decisions are published at 20 ELR 21167, 19 ELR 20366, 20367, 21230, 21378, and 18 ELR 21210.]

Counsel for Plaintiff
Victor M. Sher, Todd D. True, Corrie Yackulic
Sierra Club Legal Defense Fund
216 First Ave., S., Ste. 330, Seattle WA 98104
(206) 343-7340

Michael D. Axline, John E. Bonine, David Atkin
Western Natural Resources Law Clinic
University of Oregon School of Law, Eugene OR 97403
(503) 686-3823

Counsel for Defendant
Charles H. Turner, U.S. Attorney; Thomas C. Lee, Ass't U.S. Attorney
312 U.S. Courthouse, Portland OR 97205
(503) 326-2101

Roger W. Nesbit, Special Ass't U.S. Attorney
500 N.E. Multnomah St., Ste. 607, Portland OR 97232
(503) 231-2137