Dombeck

MEMORANDUM **

Appellants, a group of citizens, organizations, and governmental entities of Grant County Oregon, seek declaratory and injunctive relief to compel the United States Forest Service to remove or treat timber in the Malheur National Forest. They do not challenge a particular instance of final agency action, but rather contend generally that the Forest Service unlawfully withheld or unreasonably delayed fulfilling its duties under the National Forest Management Act, 16 U.S.C. §§ 1600 et seq., the Clean Water Act, 33 U.S.C. §§ 1311 , 1313, and the Endangered Species Act, 16 U.S.C. §§ 1531 et seq., in violation of the Administrative Procedure Act, 5 U.S.C. *825 § 706 (1). The district court dismissed for lack of subject matter jurisdiction and we affirm.

The Supreme Court’s recent decision in Norton v. Southern Utah Wilderness Alliance (“SUWA”), — U.S.-, 124 S.Ct. 2373 , 159 L.Ed.2d 137 (2004) controls the outcome here. In SUWA the Court held that “a claim under § 706(1) can proceed only where a plaintiff asserts that an agency failed to take a discrete agency action that it is required to take, ” and not when the agency simply failed to fulfill its general statutory…