| | Court Vacates Forest Service's 2008 Planning Rule
Jul 14, 2009A U.S. District Court has vacated the 2008 planning rule and ordered the Forest Service to reinstate either the 2000 rule or the 1982 rule.The United States District Court for the Northern District of California has entered a summary judgment in the case of Citizens for Better Forestry, et al. v. U.S. Department of Agriculture, et al. The judge ruled in favor of the claim that the 2008 planning rule violated provisions of the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA). Therefore, the judge ordered the 2008 rule vacated. Normally, this would reinstate the rule previously in effect, which would be the 2000 rule. However, since the Forest Service has previously indicated that the 2000 rule is unworkable, they may reinstate the 1982 rule instead.
The Forest Service has not yet indicated what it will do in response to this decision, but several National Forests have indicated that their planning efforts will be put on hold until a decision is made.  Summary Judgement Order, Citizens for Better Forestry v. USDA - 6/30/09 [details]
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