Under guidance of Bush administration appointee Mark Rey, a former timber lobbyist, the Forest Service passed rules greatly restricting the ability of citizens to provide public comment on, and appeal if necessary, harmful Forest Service decisions approving such things as timber sales and oil and gas development. The Western Environmental Law Center successfully challenged these rules, getting the most harmful of them set aside, and succeeded in defending its victory in the Court of Appeals as well.

However, the Forest Service petitioned the Supreme Court to hear the case, and the Court granted the petition.  It is being briefed now, and oral argument has been set for October 8.  At issue is not just the Bush rules, but the ability of any public interest parties to challenge unlawful federal regulations under the "ripeness" doctrine and other widely-applicable judicial policies, and the case is being closely watched by the entire public interest community.

Click to following links to read the Ninth Circuit's Opinion,  the Government's Supreme Court brief, and WELC's Supreme Court brief.

 
Attorney: Matt Kenna