Thursday, July 30, 2015

Organized Village of Kake v. USDA

<> Organized Village of Kake v. USDA - 7/29/15. In the U.S. Court of Appeals, Ninth Circuit, Case No. 11-35517. The en banc [full] court affirmed the district court's summary judgment in favor of the Organized Village of Kake, finding that the United States Department of Agriculture's promulgation of the Tongass National Forest Exemption to the Department's "Roadless Rule" (limiting road construction and timber harvesting in national forests) violated the Administrative Procedure Act; vacated the Tongass Exemption; and reinstated application of the Roadless Rule to the Tongass National Forest in Alaska. The U.S. Department of Agriculture declined to appeal, but intervenor-defendant State of Alaska appealed.