More news from OutdoorWire

OutdoorWire

OutdoorWire

Portal page for OutdoorWire Access and Landuse Central Read More
4x4Voice

4x4Voice

California OHV recreation news and information Read More
MUIRNet-News

MUIRNet-News

News and information about outdoor recreation Read More
4x4Wire

4x4Wire

Off road recreation and news and information Read More
TrailTalk Forums

TrailTalk Forums

4x4Wire TrailTalk Forums for 4x4 tech information Read More
  • 1
Search 4x4Wire for more on OHV recreation and 4x4 Tech
Custom Search

Litigation

Forest Planning Process
STEP FIVE: Litigation


WHAT IT IS: Before going to court you must, under law, exhaust your administrative remedies.

If the Forest Service is preparing an environmental assessment or EIS for a project, there will also likely be an opportunity for administrative appeal. For projects that are categorically excluded from NEPA, there will be relatively little public involvement.

If you have: submitted timely written comments during the planning process, filed an objection, and your objection was at least partially denied, you have met this requirement.

If you want to pursue your concerns further, one option is to file a lawsuit in federal court.

However, litigation is often costly and controversial, and there is no guarantee that a court will even hear the merits of your lawsuit. Your case could be thrown out for a variety of technical and procedural reasons, such as for lack of "standing" (you must show that your interests will be injured) or "ripeness" (you must show that it is not too soon for the court to consider your case).

WHAT YOU CAN DO: You should always consult with an attorney who is experienced in environmental and public land management cases. Among other things, the attorney can advise you whether the issues you want to raise are likely to be heard by a court now, or whether it would be better to wait for a site-specific activity to demonstrate the plan's on-the-ground effects.

There are numerous non-profit environmental law firms that frequently advise or represent citizens in forest plan litigation. There are also several recreation groups that maintain legal staff to advise or represent citizens in forest plan litigation.

Some private attorneys or commercial law firms also may be willing to pursue forest plan litigation on a reduced fee or pro bono (no charge) basis.

Implementation and Monitoring
USFS Region 5 Travel Management Status
 

Comments

No comments made yet. Be the first to submit a comment
Already Registered? Login Here
Guest
Wednesday, 22 November 2017
If you'd like to register, please fill in the username, password and name fields.

Captcha Image

4x4Voice BLOG Categories

OutdoorWire Websites

OutdoorWire

OutdoorWire

Portal page for OutdoorWire Access and Landuse Central Read More
4x4Voice

4x4Voice

California OHV recreation news and information Read More
MUIRNet-News

MUIRNet-News

News and information about outdoor recreation Read More
4x4Wire

4x4Wire

Off road recreation and news and information Read More
TrailTalk Forums

TrailTalk Forums

4x4Wire TrailTalk Forums for 4x4 tech information Read More
  • 1

4x4 Tech from 4x4Wire

Jeep Tech

Jeep Tech

Jeep Tech from 4x4Wire Read More
Toyota Tech

Toyota Tech

Toyota Tech from 4x4Wire Read More
Mitsubishi Tech

Mitsubishi Tech

Mitsubishi Tech from 4x4Wire Read More
Isuzu Tech

Isuzu Tech

Isuzu Tech from 4x4Wire Read More
  • 1