Shiver Me Timbers!: A Blow To Forest Service Activities

Law360, New York (April 30, 2012, 1:43 PM EDT) -- In mid-March 2012, the U.S. District Court for the Eastern District of California issued a nationwide injunction that significantly affects mining exploration activities within lands managed by the U.S. Forest Service.

Until this ruling, the Forest Service had relied on a June 4, 2003, agency regulation (located at 36 C.F.R. Part 215) (the 215 regulation) that exempted from public notice, comment and administrative appeals activities deemed to be categorically excluded (categorical exclusions, or CEs) from the National Environmental Policy Act (NEPA).

In a March 19, 2012...
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