Organized Village of Kake v. United States Department of Agriculture

The State of Alaska appeals the District Court for the District of Alaska’s decision setting aside the Departure of Agriculture’s exemption of the Tongass National Forest from the Roadless Rule. The majority holds that Alaska has standing to appeal based on a statutory entitlement— *972an option to collect a share of the revenue the United States makes from timber harvested from national forests in Alaska. See 16 U.S.C. § 500 (creating the National Forest Receipts Program). But Alaska does not have standing based on this statutory interest. A statutory provision is insufficient to establish…