Full Posts
02/07/2011
Category U.S. Court of Appeals (6th Cir.)
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HEARTWOOD, INC. v. AGPAOA, Regional Forester; United States Forest Service, No. 09-5761, 628 F.3d 261 (6th Cir., Dec. 13, 2010)
BACKGROUND: Not-for-profit corporations active in forest and species protection brought action against Regional Forester and United States Forest Service, seeking declaratory and injunctive relief from defendants' approval of recovery project and their revised plan for management of national forest. The United States District Court for the Eastern District of Kentucky, Karl S. Forester, Senior District Judge, 611 F.Supp.2d 675, granted defendants' motion for judgment on the administrative record, and corporations appealed.
EXCERPT: environmental plaintiffs seeking to establish standing must identify particular segments of a river, sections and sub-sections of a forest, or passes in a mountain range that they use and will continue to use, and that agency action will detrimentally affect. Id. And Heartwood cannot complain that the Forest Service did not adequately specify which areas would be affected by the Project. The Forest Service provided Heartwood with a series of maps differentiating areas of, for example, commercial logging and non-commercial logging. Were the Project less specific, we could not require Heartwood to detail what it did not know, but that is not this case. Heartwood's standing affidavits are too general in their identification of “site-specific activities that diminish or threaten to diminish their members' enjoyment of the designated” forest sub-sections, so Heartwood does not have standing to maintain this action.
Bookmark :
HEARTWOOD, INC. v. AGPAOA, Regional Forester; United States Forest Service, No. 09-5761, 628 F.3d 261 (6th Cir., Dec. 13, 2010)
BACKGROUND: Not-for-profit corporations active in forest and species protection brought action against Regional Forester and United States Forest Service, seeking declaratory and injunctive relief from defendants' approval of recovery project and their revised plan for management of national forest. The United States District Court for the Eastern District of Kentucky, Karl S. Forester, Senior District Judge, 611 F.Supp.2d 675, granted defendants' motion for judgment on the administrative record, and corporations appealed.
EXCERPT: environmental plaintiffs seeking to establish standing must identify particular segments of a river, sections and sub-sections of a forest, or passes in a mountain range that they use and will continue to use, and that agency action will detrimentally affect. Id. And Heartwood cannot complain that the Forest Service did not adequately specify which areas would be affected by the Project. The Forest Service provided Heartwood with a series of maps differentiating areas of, for example, commercial logging and non-commercial logging. Were the Project less specific, we could not require Heartwood to detail what it did not know, but that is not this case. Heartwood's standing affidavits are too general in their identification of “site-specific activities that diminish or threaten to diminish their members' enjoyment of the designated” forest sub-sections, so Heartwood does not have standing to maintain this action.
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