Ecology Center, Inc. v. United States Forest Service

The Ecology Center, Inc. (“Center”), appeals the dismissal of the Center’s action seeking to compel the United States Forest Service (“Forest Service”) to comply with its duty under the National Forest Management Act (“NFMA”), 16 U.S.C. §§ 1600-1614 , to monitor the Kootenai National Forest (“KNF”). The court held that it lacked subject matter jurisdiction to review the action because the Forest Service’s failure to perform certain monitoring tasks did not constitute (1) a final agency action, or (2) an action unreasonably withheld or delayed pursuant to 5 U.S.C. § 706 (1). We affirm.

I. Facts & Procedural History

The Center challenges, under the Administrative Procedure Act (“APA”), the failure of the Forest Service to comply with monitoring duties imposed by the NFMA and its implementing regulations. In 1976 Congress enacted the NFMA, which directs the Forest Service to manage the national forests by preparing “land and resource management plans” to guide land use management on each forest. 16 U.S.C. § 1604 (a). 2 Under the Kootenai *924 National Forest Plan 3 (“Plan”) adopted by KNF in 1987, KNF is required to produce annual, biannual and five-year reports containing…