COMMENT: THE NATIONAL FOREST MANAGEMENT ACT: OUT OF THE WOODS AND BACK TO THE COURTS? Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 1992 Lewis & Clark Law School
Environmental Law

COMMENT: THE NATIONAL FOREST MANAGEMENT ACT: OUT OF THE WOODS AND BACK TO THE COURTS?

WINTER, 1992

22 Envtl. L. 699

Author

BY STEPHANIE M. PARENT *

Excerpt

I. INTRODUCTION

Congress enacted the National Forest Management Act of 1976 (NFMA) 1 in part as a reaction to judicial involvement in the management of our national forests. 2 Public concern over U.S. Forest Service practices had prompted much litigation in the mid-1970s. The goal of the NFMA was "to get the practice of forestry out of the courts." 3

Congress might have accomplished this goal, had it legislated nondiscretionary guidelines for the management of our national forests. Although the NFMA is more precise than other federal forestry statutes, it is the result of congressional compromise and much discretion was left in the hands of the Forest Service. Consequently, depending on how the courts interpret the directives of the statute, they may delay, remand, or reverse many agency decisions made pursuant to the NFMA.

Public participation in the national forest decision-making process is an essential element in meeting the multiple-use goals of the NFMA. 4 Though the Forest Service continues to emphasize public involvement in the predecisional stages, 5 it does retain the authority to make the final decision. Judicial review of these decisions plays an important role in ensuring that the Forest Service has fully considered public input and has made a rational decision for the most effective management of our forests.

Traditionally, the courts have been extremely deferential to Forest Service discretion and expertise in cases involving national forest management. Until the 1970s, very few cases involving the agency were appealed to the Supreme ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities