Dombeck

Forest Guardians v. Dombeck

Good Law
131 F.3d 1309·1997 WL 765718
United States Court of Appeals for the Ninth CircuitDecember 15, 1997Nos. 97-16206, 97-16446California1,883 words

Opinion

Lead Opinion

OVERVIEW

Forest Guardians, Southwest Center for Biological Diversity, and Dr. Robin Silver (collectively “Forest Guardians”), filed suit against Mike Dombeck in his official capacity as Chief of the United States Forest Service seeking a declaratory judgment and injunc-tive relief for alleged violations of the National Forest Management Act (“NFMA”), 16 U.S.C. §§ 1600 et seq. Forest Guardians appeal from the district court’s summary judgment in favor of the Forest Service. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

FACTS AND PROCEDURAL HISTORY

Enacted in 1976, the NFMA provides a statutory framework for the management of National Forest lands. See 16 U.S.C. §§ 1600 et seq. The NFMA directs the Secretary of Agriculture (“Secretary”) to develop Land and Resource Management Plans (“LRMPs”) for units of the National Forest System in order to provide for multiple uses and sustained yield of the various forest resources on a coordinated basis. See 16 U.S.C. § 1604 (e). The National Forest System, administered by the Forest Service, consists of some 154 national forests in forty states. The Forest Service functions through a regional system composed of nine regions,…

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