United States Sixth Circuit

In a nonprofit corporations' challenge to a forest plan and a final environmental impact statements (EIS) adopted by the Regional Forester and the U.S. Forest Service, district court's judgment on the administrative record in favor of the Regional Forester and the Forest Service is reversed and remanded for lack of jurisdiction because plaintiffs lack standing to maintain this action where, Ctr. For Biological Diversity v. Lueckel, 417 F. 3d (6th Cir. 2005) clarified that environmental plaintiffs seeking to establish standing must identify particular segments of a river, sections and sub-sections of a forest, or passes in a mountain range that they use and will continue to use, and that agency action will detrimentally affect, and here, plaintiffs' standing affidavits are too general in their identification of site-specific activities that diminish or threaten to diminish their members' enjoyment of the designated forest sub-sections.

Appellate Information

• Argued 10/21/2010
• Decided 12/13/2010
• Published 12/13/2010

Judges

• COLE

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Joe F. Childers, Allen M. Brabender