Pengilly

I. Overview

This is a government appeal from a district court judgment enjoining Forest Service regulations that govern review of deci sions implementing forest plans, on the ground that the regulations were manifestly contrary to the governing statute. The Forest Service promulgated the challenged regulations pursuant to the Forest Service Decisionmaking and Appeals Reform Act (“ARA”), Pub.L. 102-381, tit. 111, § 322, 106 Stat. 1419 (1992) (codified at 16 U.S.C. § 1612 note). In a cross-appeal, the environmentalist plaintiffs Earth Island Institute et al. challenge the four regulations the district court held were valid. The statute pertains to procedures relating to public comment and administrative appeal of proposed forest management actions. The government raises standing and ripeness issues. We agree with the district court that plaintiffs have established standing. But because only one of the regulations, 36 C.F.R. § 215.12 (f), has actually been applied to a proposed project, we hold that only that regulation is ripe for review. We affirm the district court’s judgment that 36 C.F.R. § 215.12 (f) conflicts with the Appeals Reform Act and affirm the nationwide…