Category: Ecological Research
Title: Administrative and Legal Review Opportunities for Collaborative Groups
Author: Brown, S.J.
Subject: Administration, Legal Review
Abstract: With the enactment of the Healthy Forests Restoration Act, Forest Landscape Restoration Act, and similar laws and policies, collaboration — an open and inclusive process through which two or more individuals or organizations work together to address a problem/issue that concerns them all and that no one of them is likely to be able to resolve alone1 — has gained increasing popularity as a way to resolve natural resource management challenges. As collaboration has become more common, collaborative groups such as the Blue Mountains Forest Partners, Four Forests Restoration Initiative, Southwest Crown of the Continent, and Selway-Middle Fork Clearwater Collaborative have become increasingly engaged in forest restoration project development on national forests across the West. With this increased engagement in the project development process, collaborative groups are beginning to see the fruits of their work from start to finish: landscape prioritization, project area identification, field trips, prescription development, proposals for action, project implementation, and monitoring of results are all now part of the work of collaborative groups. Still, active forest management and collaboration remains controversial with some segments of the population. As part of the democratic process associated with the management of public lands owned by all Americans, all citizens have the fundamental right to disagree with federal land managers and their collaborative partners about whether a particular project should be implemented. Consequently, Congress created administrative and judicial review processes to allow dissatisfied stakeholders an opportunity to be heard, and to advocate for a different course of action than that proposed by federal land managers. e purpose of this memo is to provide collaborative organizations or groups with information about the Forest Service’s administrative review process, as well as the judicial review process, and opportunities for engagement at both levels. is memo is not legal advice, and no attorney/client relationship is created or implied by the information contained herein. Instead, this memo is a resource for collaborative groups to educate themselves on the laws and procedures surrounding administrative and judicial reviews of Forest Service projects.
Type: ERI White papers
Source: ERI - Issues in Forest Restoration
Publisher: Ecological Restoration Institute, Northern Arizona University and the Western Environmental Law Center.