Veneman

The Center for Biological Diversity and Central Arizona Paddlers Club (together the “Center”) appeal from the dismissal of their action against the United States Forest Service (the “Forest Service” or “Service”) for lack of subject matter jurisdiction. The Center brought suit for in-junctive and declaratory relief under the Administrative Procedure Act (“APA”), 5 U.S.C. § 701 et seq., claiming that the Service had violated the Wild and Scenic Rivers Act (“WSRA”) by failing to consider, within the meaning of the WSRA, 57 rivers located in Arizona. The Center alleges that the Service, after identifying the rivers as eligible for inclusion in the Wild and Scenic Rivers System (“WSRS”), failed to fulfill an enforceable duty to amend its Forest Plans to prevent “potentially destructive activities” that jeopardize the eventual designation of the rivers. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse and remand for further proceedings.

BACKGROUND

Congress enacted the WSRA in 1968 to counter-balance the pro-development effects of the Federal Power Act of 1920. Although the Supreme Court has recognized the existence of “other subsidiary purposes,” including…