State of Alaska v. Department of Agriculture

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Alaska filed suit challenging the Forest Service's Roadless Rule in 2011. In 2001, the Forest Service adopted the Rule, which prohibited road construction, road reconstruction, and timber harvesting on millions of acres of national forest lands, including national forest land in Alaska. In 2005, the Forest Service repealed the Rule, but, in 2006, the District Court for the Northern District of California ordered reinstatement of the Rule. The court concluded that when the Rule was reinstated in 2006 after its repeal in 2005, a new right of action accrued. Under 28 U.S.C. 2401(a), Alaska had six years from the time of the Rule's reinstatement in 2006 to file a lawsuit challenging the rule. Therefore, Alaska's suit is timely because it filed in 2011. Accordingly, the court reversed the district court's dismissal of Alaska's complaint and remanded for further consideration. View "State of Alaska v. Department of Agriculture" on Justia Law