Court OKs Forest Restrictions
12/15/97
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Headline: Court OKs Forest Restrictions
Source: United Press International
Date: 12/15/97
Copyright 1997: United Press International
SAN FRANCISCO, Dec. 15 (UPI) -- A federal court of appeals has ruled
that the U.S. Forest Service may amend land and resource management
plans to protect the Mexican spotted owl and northern goshawk in Arizona
and New Mexico.
The 9th U.S. Circuit Court of Appeals rejected an appeal by the
Southwest Center for Biological Diversity that claimed the Forest
Service could not impose restrictions exclusively on new permits and
contracts.
Forest plans for the Southwest Region, including six national forests
in Arizona and five in New Mexico, were completed between 1985 and 1988.
In June 1996, the Forest Service amended the plan to provide more
strict guidelines for managing certain wildlife species and habitat and
impose new restrictions on logging and livestock.
The Forest Service specified that the amendments would apply only to
new authorizations, permits and contracts.
The suit alleged that prospective-only application of the amendments
violated the consistency provision of the National Forest Management
Act.
The court disagreed, saying the management act allows officials to
determine how amendments to existing forest plans will be implemented.
The court says retroactive application of the 1996 amendments would
impair the valid existing rights of parties who held authorizationa,
permits or contracts prior to the amendments' adoption.