Forest Service

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By Janice M. Schneider, Laura A. Godfrey and Taiga Takahashi

In early March, we discussed Section 428 of the 2012 Consolidated Appropriations Act, which directed the establishment of a pre-decisional objection process to replace the Forest Service post-decisional administrative appeals process under 36 C.F.R. part 215 for administrative appeals related to “projects and activities implementing land management plans and documented with a Record of Decision (ROD) or Decision Notice (DN)”. The Forest Service recently announced its proposed rule and…

By Janice M. Schneider, Laura A. Godfrey and Taiga Takahashi

The 2012 Consolidated Appropriations Act (Appropriations Act), signed by President Obama on December 23, 2011, replaced the appeal process for most Forest Service actions with a pre-decisional objection process.  The Appropriations Act also gave the Chief of the Forest Service authorization to exempt Forest Service actions from this pre-decisional objection process in an “emergency situation”.[1] The new “pre-decisional objection process” applies to “proposed actions of the Forest…