Usda

I. Background

On February 16, 2001, Citizens brought suit in the North- ern District of California, alleging that the USDA had com- mitted procedural violations of the National Environmental Policy Act (“NEPA”) and the Endangered Species Act (“ESA”) and substantive violations of the National Forest Management Act in promulgating a new rule (the “2000 Final Rule”) governing the Forest Service’s administration and management of National Forest System lands. Citizens sought declaratory and injunctive relief. After Citizens filed suit, the USDA reviewed the 2000 Final Rule and announced in December 2001 that a new rule would replace it. Citizens agreed, in turn, to stay its substantive claims, but moved for partial summary judgment on its procedural claims. The USDA filed a cross-motion for partial summary judgment, alleging that Citizens lacked standing to challenge the 2000 BETTER FORESTRY v. USDA 6845 Final Rule and that its claims were not ripe for adjudication. The district court granted the USDA’s motion on both grounds and denied Citizens’ motions for partial summary judgment and injunctive relief. Citizens brought an immediate appeal of the district…