Livestock industry files suit against US Forest Service

The Public Lands Council (PLC), National Cattlemen's Beef Association (NCBA) and the American Sheep Industry Association (ASI) filed a lawsuit against the U.S. Forest Service (USFS), challenging its latest forest planning rule. PLC, NCBA and ASI join multiple industry organizations, such as the Federal Forest Resource Coalition, Minnesota Timber Producers Association and the California Forestry Association in filing suit, claiming that the new planning rule, finalized in March 2012, violates the National Forest Management Act (NFMA), the Multiple-Use, Sustained-Yield Act (MUSYA) of 1960 and the Administrative Procedures Act (APA). Under the NFMA, USFS is required to promulgate regulations under the principles of the MUSYA, which set out the process for development and revision of land management plans, guidelines and standards. Individual forests follow the direction of the planning rule and develop specific management plans. The new planning rule, however, is flawed in multiple respects. For example, the planning rule requires USFS to "maintain a viable population of each species of conservation concern within the plan area." The ill-defined term "viable population" does not appear in NFMA or any other statute, according to PLC Executive Director and NCBA Director of Federal Lands Dustin Van Liew. He said this vague term opens the door to even more litigation by radical special interest groups. Van Liew said the rule also effectively turns USFS guidelines into legally enforceable standards, throwing away hard-fought victories establishing that guidelines are discretionary - not mandatory - and tying the hands of land managers unnecessarily. In the new forest planning rule, the general focus is on ecosystem services, sustainability, preservation and even "spiritual values" over multiple-use, a clear diversion from the statutes governing management of our national forests. The new rule also fails to reflect MUSYA and NFMA requirements governing active land management for multiple uses, including livestock grazing, timber management and recreation...more