A case that started out as an important challenge to the Bush administration’s weakening of the public’s ability to have input on National Forest decisions has turned into an even farther-reaching case before the highest court in the land.

WELC successfully challenged regulations issued in 2003 which eliminated the ability for people to comment on, and appeal if necessary, many Forest Service actions including timber sales, oil and gas development, and off-road motorized vehicle use. 

Despite our winning at every level so far, the U.S. Supreme Court agreed to review the case on the broader issue of whether citizens can ever “facially” challenge government regulations and have them set aside if found illegal, or whether citizens should be limited to challenging “site specific” applications of such rules.  If the court decides in favor of the U.S. Forest Service, an agency regulation that is applied nationwide, but found to be illegal by a court will remain in effect, except in that limited application, i.e. a specific timber sale or mining lease.  Therefore, in order to completely stop the illegal regulation from being applied, you’d have to go to court in every jurisdiction where it is in play.

“The government knows that the public interest community’s resources are limited, and the ruling in this case may lead to unlawful government action—whether it’s a timber sale or deprivation of personal rights—going unchecked,” says WELC attorney Matt Kenna, who been the lead on the case since 2003 and will argue the case before the Supreme Court.

The potential devastating impacts of this case has garnered it significant interest from the public interest arena and business, academic, and state government communities.  All of these groups have filed amicus briefs on WELC’s side, except for the timber and building industries, which have filed amicus briefs arguing that while business should be permitted to “facially” challenge government rules, public interest entities should not.

Kenna argued the case, Priscilla Summers, et al. v. Earth Island Institute, et al., at the Supreme Court on October 8, 2008.

Briefs and Rulings:

Click to following links to read the Ninth Circuit's Opinion,  the Government's Supreme Court brief, WELC's Supreme Court brief, and the transcript of oral argument in front of the Supreme Court.

Press on Summers v. Earth Island Institute:

Please click any link below to read the article.

On the bench for respondents: Lujan v. NWF author, arguer, Endangered Species & Wetlands Report, Nov 14, 2008

Supreme Court weighs case on public-land management, Sacramento Bee, Oct. 15, 2008

Supreme Court May Bar Groups From Contesting Federal Rules, Environment News Service, Oct. 9, 2008

Argument Report: Environmental Groups Out on a Limb?, Law.com, Oct. 9, 2008

Enviro groups' standing at issue in challenge to Forest Service rules, E&ENewsPM, Oct. 8, 2008

Supreme Court Snapshot, Mother Jones, Oct. 6, 2008

Government and green groups set for regulation fight, BusinessGreen, Oct. 3, 2008

Supreme Court to Decide Whether Citizens Can Effectively Challenge Illegal Government Rules, Press Release, Sept. 29, 2008

Mr. Kenna goes to Washington, Durango-Herald, Sept. 4, 2008

California logging venture is next Supreme Court environment showdown, McClatchy Newspapers, Aug. 22, 2008

Preview: Summers v. Earth Island Institute, Scotusblog, Aug. 21, 2008

DOJ Seeks to Blunt District Judges' Nationwide Rulings, Greenwire, Dec. 7, 2007

Forest Service rebuked on logging, San Francisco Chronicle, Aug. 11, 2006

Forest Service Sulk, Washington Post, Oct. 24, 2005

Forest Service criticized for suspending projects, San Diego Union-Tribune, Oct. 9, 2005

Attorney: Matt Kenna