Conservation Northwest v. Sherman, No. 11-35729 (9th Cir. 2013)
Annotate this CasePlaintiffs sued the Agencies, challenging changes to the Survey and Manage Standard (Standard) of the Northwest Forest Plan. Plaintiffs and the Agencies negotiated a settlement which the district court approved and entered in the form of a consent decree. D.R. Johnson appealed, contending that the district court's approval of the consent decree was an abuse of discretion. At issue was whether a district court could approve resolution of litigation involving a federal agency through a consent decree, which substantially and permanently amended regulations that the agency could only otherwise amend by complying with statutory rulemaking procedures. Because the consent decree allowed for substantial permanent amendments to the Standard, it impermissibly conflicted with laws governing the process for such amendments. Therefore, the district court abused its discretion in approving it in its current form. Finally, D.R. Johnson waived its C & O Act, 28 U.S.C. 1291, argument. Accordingly, the court reversed and remanded for further proceedings.
Court Description: Environmental Law. The panel reversed the district court’s order approving a consent decree arising from a settlement between environmental groups and federal agencies concerning changes to the Survey and Manage Standard of the Northwest Forest Plan. The panel held that it was an abuse of discretion for the district court to approve the consent decree in its current form. The panel held that a district court abuses its discretion when it enters a consent decree that permanently and substantially amends an agency rule that would have otherwise been subject to statutory rulemaking procedures. The panel concluded that because the consent decree allowed for substantial, permanent amendments to the Survey and Manage Standard of the Northwest Forest Plan, it impermissibly conflicted with laws governing the process for such amendments. Finally, the panel held that the issue of whether the Oregon and California Railroad and Coos Bay Wagon Road Grants Land Act precluded application of the Survey and Manage Standard to certain timberlands was not adequately raised below, and thereby waived.
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