Jim Bensman, Mark Donham and Heartwood, Incorporated v. United States Forest Service and Randy Moore

RIPPLE, Circuit Judge.

Through its employees, Mark Donham and Jim Bensman, Heartwood, Inc., an Indiana nonprofit concerned with preserving the national forests, commented on several projects of the United States Forest Service (“Forest Service” or “the Service”). When notified of the decision of the Service with respect to these projects, it sought, through the same employees, to file an appeal in each of those matters. In filing its appeals, Heartwood relied upon the Service’s statement as to the due date for the filings. That statement was wrong; the appeals were a day late, and the Service…