Categorical Exclusion Rulings and Forest Service Response

From the Region 1 press release: "The Forest Service will suspend a variety of projects and activities implementing land and resource management plans in response to a court order directing nationwide application of a ruling in the Eastern District of California, according to Regional Forester Abigail Kimbell.

"The decision required public notice, comment, and appeal provisions to accompany all categorical exclusions after July 7, 2005."

Federal District Judge James K. Singleton of the Eastern District of California issued an initial decision on July 2, 2005, and an amended decision on September 16 in the Earth Island Institute v. Ruthenbeck case. The Forest Service Chief's memorandum indicating steps to take to follow the order is available on the Forest Service site.

For more background information, visit the Sierra Club webpage on the case. Information on the Healthy Forests Restoration Act and the Forest Service Decision Making and Appeals Reform Act (which is Section 322 of Public Law 102-381) may also be helpful.

More information on categorical exclusions is available on the following Forest Service pages:

National Environmental Policy Act (NEPA)

Categorical Exclusions for Hazardous Fuels Reduction and for Fire Rehabilitation

Categorical Exclusions for Limited Timber Harvest

To get an idea of the affected projects, visit the Schedule of Proposed Actions (SOPA) website.

Source: "FS suspends more than 90 projects." Missoulian October 12, 2005. A1.