Montana Wilderness Ass'n v. United States Forest Service

The United States Forest Service (“Forest Service”) and Intervenors, Blue Ribbon Coalition, Inc., et al, appeal the district court’s order (1) determining that it had subject matter jurisdiction over this action under the Administrative Procedures Act (“APA”), and (2) granting the Montana Wilderness Association (“Wilderness Association”) summary judgment. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, reverse in part, and remand for further proceedings.

BACKGROUND

In 1977, Congress passed the Montana Wilderness Study Act (“the Act”) to “provide for the study of certain lands to determine their suitability for designation as wilderness.” Pub.L. No. 95-150, 91 Stat. 1243 (1977). The Act mandates that the Secretary of Agriculture “shall, until Congress determines otherwise,” administer specific Wilderness Study Areas (“Study Areas”) “to maintain their presently existing wilderness character and potential for inclusion in the National Wilderness Preservation System” (‘Wilderness System”). Id. (emphasis added). The Secretary of Agriculture administers the areas at issue in this case through the Forest Service. Congress intended that, within seven years…