Nevada Land Action Association, and National Wildlife Federation, Intervenor v. United States Forest Service

In 1986 the U.S. Forest Service (“Service”) adopted a Land and Resource Management Plan (“LRMP”) for the Toiyabe National Forest. The appellant Nevada Land Action Association (“NLAA”) is a citizens’ organization comprised of ranchers who have permits to use the forest for .livestock grazing. NLAA challenges the LRMP on the grounds that the Service violated the National Environmental Policy Act, 42 U.S.C. § 4321 et seq. (“NEPA”), the National Forest Management Act, 16 U.S.C. § 1600 et seq. (“NFMA”), and the Service’s regulations promulgated under NFMA. NLAA also argues that the adoption of the LRMP was arbitrary and capricious, and that the Service failed to provide for meaningful public participation in the planning process.

We conclude that NLAA lacks standing to challenge the LRMP under NEPA, and that summary judgment was properly granted to the Service on NLAA’s other claims. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part and dismiss in part.

BACKGROUND

In preparing an LRMP, the Service must follow the procedural requirements of NFMA, and must also prepare an Environmental Impact Statement (“EIS”) in accordance with NEPA. The Service began the extensive…