Litigating Agency Change
The impact of the Courts and Administrative Appeals Process on the Forest Service
Bibliographic Data
| ID | 6330468 |
|---|---|
| Authors | Elise S Jones (Cornell University), Cameron Proffitt Taylor (United States Congress) |
| Year | 1995 |
| Volume | 23 |
| Issue | 2 |
| Pages | 310-336 |
| Publication date | 1995-06-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Policy Studies Journal (JOURNAL) |
| Journal identifiers | ISSN: 0190-292X • E-ISSN: 1541-0072 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1541-0072.1995.tb01745.x |
| OpenAlex | W1599477682 |
| Language | EN |
| Citations received | 26 |
| References cited | 12 |
A study of Forest Service‐related litigation and administrative appeals was undertaken to examine their potential roles in effecting change within the Forest Service. The frequency of federal lawsuit decisions involving the Forest Service increased markedly between 1971 and 1993, indicating a dramatic increase in the use of litigation as a tool to force change within the agency, particularly in the Ninth Circuit. Administrative appeals followed a similar increasing trend. An examination of the instigators and purposes of lawsuits found that litigation is used most frequently by environmentalists and most often to block commodity production activities by the agency. Although the agency wins the majority of suits in which it is involved, litigants who initiated lawsuits to stop commodity production activities had higher success rates than litigants seeking to challenge additional environmental measures or to promote commodity production by the agency. A qualitative examination of five National Forest Management Act lawsuit case studies concluded that when litigants are successful in legal challenges against the agency, the court decision often results in substantive on‐the‐ground changes in management, thereby providing an incentive for additional use of litigation as a means to alter agency actions. These results indicate that the courts and administrative appeals process likely have been significant factors in catalyzing change within the Forest Service
Agency (philosophy · Business · Commodity · Economics · Incentive · Lawsuit · Market economy · Political science · Service (business · Sociology · Economic and Environmental Valuation · Environmental Education and Sustainability · Forest Management and Policy · Law · Finance · Marketing
Using public litigation records to identify priority science needs for managing public lands
Conceptualizing and Measuring the Rule of Law in Public Administration—Regulations, Organization, and Decision-Making
Outcomes and policy focus of environmental litigation in the United States
Breaking down barriers to litigation and judicial advocacy research
Adaptive capacity in social–ecological systems
Mission Evolution
The Magna Charta of Environmental Legislation
Getting past the who and how many to the how and why in Usda Forest Service public involvement processes
The emergence of network governance in U.S. National Forest Administration
Democracy, Legitimacy, and Scale
Locking the Back Door
Technical Management in an Age of Openness
Judicializing Public Interests
Project risk and appeals in U.S. Forest Service planning
Cumulative effects analysis to inform public land management in the United States
Getting out the Cut
The Politics of Accountability in National Forest Planning
The underappreciated role of regulatory enforcement in natural resource conservation
Legitimacy and the Use of Natural Resources in Kruger National Park, South Africa
Protecting Sacred Sites on Public Land
Slow-Rolling, Fast-Tracking, and the Pace of Bureaucratic Decisions in Rulemaking
Forest Service Budget Requests and Appropriations
Neutral Bystander, Intrusive Micromanager, or Useful Catalyst
Judicial Procedures as Instruments of Political Control
Cultural Coproduction of Four States of Knowledge
Three Cultural Boundaries of Science, Institutions, and Policy
The U.S. forest service
Integrating gender diverse and interdisciplinary professionals into traditional U.S. Department of Agriculture‐Forest Service Culture
The Implications of Work Force Diversification in the U.S. Forest Service
Herbert Kaufman's Forest Ranger Thirty Years Later
Forest Service Budget Requests and Appropriations
Neutral Bystander, Intrusive Micromanager, or Useful Catalyst
Racial, Gender, and Professional Diversification in the Forest Service from 1983 to 1992
| Unique citing works | 26 |
|---|---|
| Citations per year | 0,84 |
| Citation span | 1995 - 2026 (32) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 25 |