Pengilly

ORDER

Plaintiffs Earth Island Institute, et al., present a facial challenge to the 2003 regulations promulgated by the United States Forest Service implementing the Forest Service Decision Making and Appeals Reform Act (“ARA”), Pub. L. No. 102-381, Tit. Ill § 332(a), 106 Stat. 1419 (1992), codified at 16 U.S.C. § 1612 note. Plain tiffs argue that the regulations violate the ARA by improperly exempting certain Forest Service decisions from appeal, by exempting certain Forest Service decisions that are subject to appeal from the automatic stay provision of the ARA, and by limiting the public comment and appeals process required by the ARA. Docket Nos. 70 (Pis.’ opening br.); 72 (Pis.’ reply br.). The Forest Service disputes each of these contentions and argues that Plaintiffs lack standing and that this case is not ripe for decision. Docket No. 71 (Defs.’ opp’n). The Court has jurisdiction. 28 U.S.C. § 1331 .

Plaintiffs initially brought this suit to challenge the Burnt Ridge Project timber sale offered by the Forest Service and to challenge the Forest Service’s regulations implementing the ARA. See Docket No. 75 (Pretrial order). The Court granted a preliminary injunction…