Montanans For Multiple Use v. Cathy Barbouletos

Jun 5: In the U.S. Court of Appeals, D.C. Circuit, Case No. 08-5131. In this case, several Montana organizations and citizens are concerned about the U.S. Forest Service’s management of the Federally-owned Flathead National Forest in northwest Montana. They want more of the forest to be made available for timbering and recreational activities. They filed a lawsuit against the Forest Service. A variety of environmental groups intervened against plaintiffs on the side of the Forest Service. Agreeing with the Forest Service and the environmental groups, the District Court dismissed plaintiffs’ complaint.

The Appeals Court affirmed the District Court decision because they said, ". . .plaintiffs cannot establish that the Forest Service has violated any federal law or otherwise taken action that is arbitrary and capricious under the Administrative Procedure Act. On the contrary, it is clear that plaintiffs’ grievance lies with legally permissible policy decisions made by Congress and the Forest Service. Plaintiffs’ plea for a new approach to management of the Flathead Forest is therefore best directed to the Legislative and Executive Branches."

Access the complete opinion (click here).