Authors: Keele, Denise M.; Malmsheimer, Robert W.; Floyd, Donald W.; Perez, Jerome E.

Source: Journal of Forestry, Volume 104, Number 4, June 2006 , pp. 196-202(7)

Abstract:

The land management decisions of the USDA Forest Service have been challenged and appealed frequently in federal court, and the agency believes such litigation constrains its professional expertise and frustrates effective forest management. This study provides the first complete picture of Forest Service land management litigation. Previous litigation studies limited their examination to published cases and did not analyze final case outcomes. We document the characteristics and final outcomes of 729 Forest Service management cases filed in federal court from 1989 to 2002. The Forest Service won 57.6% of cases, lost 21.3% of cases, and settled 17.6% of cases. It won 73% of the 575 cases decided by federal judges. Plaintiffs seeking less resource use lost more than half the cases they initiated, and plaintiffs seeking greater resource use lost more than two of every three cases they initiated. Most litigation (1) was for less resource use, (2) was based on the National Environmental Policy Act, and (3) challenged logging projects. The data indicate that the agency is less vulnerable in some types of cases and more vulnerable in others. This study provides policymakers, land managers, and stakeholders with accurate data that can help guide policy debate and choices.

Keywords: Forest Service Litigation; national forests; forest policy; lawsuits; federal court

Document Type: Research article