Forest Stewardship Council-United States v. Office of the United States Trade Representative

MEMORANDUM

Appellants challenge the 2006 U.S.-Canada Softwood Lumber Agreement (“SLA”) on grounds that the Office of the United States Trade Representative’s (“USTR”) entry into the SLA did not comport with the requirements of the National Environmental Policy Act (“NEPA”), 42 U.S.C. § 4321 et seq., and the Miscellaneous Receipts Act (“MRA”), 31 U.S.C. § 3302 . Because we find that Appellants lack standing to bring their claims, we affirm the district court’s dismissal of Appellants’ complaint.

To meet their burden of establishing Article III standing, Appellants first must show that they have suffered an “injury in fact” that is (a) concrete and particularized and (b) actual or imminent. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992). Second, Appellants must establish that the alleged injury is “fairly traceable” to defendants’ conduct. Id. Third, Appellants must establish redressability by demonstrating “a ‘substantial likelihood’ that the requested relief will remedy the alleged injury in fact.” Vermont Agency of Natural Res. v. United States ex rel. Stevens, 529 U.S. 765, 771 , 120 S.Ct. 1858 , 146 L.Ed.2d 836…