Legal Opinion · Dissent

Citizens for Better Forestry v. U.S. Department of Agriculture

Court of Appeals for the Ninth Circuit

Decided June 9, 2009No. 07-16077Published

1DissentHug, Circuit Judge

I respectfully dissent.

Citizens filed a suit that, among other things, sought a ruling that USDA had violated the provisions of NEPA by failing to give appropriate notice of the promulgation of a new rule to replace the 2000 Plan Development Rule. The district court ruled that Citizens lacked standing to sue and that the procedural challenges were not ripe for review. Citizens appealed, contending that it did have standing and that the matter was ripe for review.

The USDA invited our court also to rule on the merits of the NEPA claim. In its reply brief, the USDA stated: “Even if the Court…

2Cases cited12 opinions

Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
Hewitt v. HelmsSupreme Court of the United States · 1987
Arthur Ray PARHAM, Appellant, v. SOUTHWESTERN BELL TELEPHONE CO., AppelleeCourt of Appeals for the Eighth Circuit · 1970
United States v. Michael JohnsonCourt of Appeals for the Ninth Circuit · 2001
Milgard Tempering, Inc., Plaintiff-Appellee/cross-Appellant v. Selas Corporation of America, a Foreign Corporation, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1990

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