Veneman

In our previous opinion, we held that the district court had jurisdiction to review the claims of the Center for Biological Diversity and Central Arizona Paddlers Club (together the “Center”) under § 706(1) of the Administrative Procedure Act (“APA”), 5 U.S.C. § 706 (1), because (1) under the Wild and Scenic Rivers Act (“WSRA”), 16 U.S.C. § 1276 (d)(1), the United States Forest Service (“Forest Service”) had a mandatory duty to consider potentially eligible rivers in planning for the use and development of land resources, and (2) the Forest Service failed to act pursuant to this mandatory duty. Ctr. for Biological Diversity v. Veneman, 335 F.3d 849 , 857 (9th Cir.2003). Our conclusion relied on our holding in Montana Wilderness Association, Inc. v. United States Forest Service, 314 F.3d 1146 (9th Cir.2003), that the Forest Service’s duty to maintain potential wilderness study areas in their presently existing wilderness character under the Montana Wilderness Study Act was a non-discretionary, mandatory duty that the Service could be compelled to carry out under § 706(1) of the APA. Id. at 1151.

After our opinion was filed, the Supreme Court held in Norton v. Southern Utah…