April 22, 2003

ERI study examines Forest Service decided appeals

FLAGSTAFF, Ariz.- Researchers from Northern Arizona University's Ecological Restoration Institute have found that understanding the true impact of Forest Service administrative appeals on forest projects is much more complex than previously known.

Principal members of the research team, Jacqueline Vaughn, associate professor of political science, Hanna Cortner, research professor and associate director of the ERI, and Gretchen Teich, forestry graduate student, launched the study with, "What are the impacts and outcomes of Forest Service administrative appeals?" and spent one year scouring online Forest Service-posted records.

One of the researchers' biggest hurdles in the continuing study is the lack of comprehensive records kept by the Forest Service. Although the agency is required to post decided project appeals electronically, team members found the agency had not systematically collected or analyzed that type of appeal. A determination must be made in an appeal within 45 days.

The research team tracked appeals in which decisions were made only at the regional level. They did not examine appeals relating to National Forest plans decisions which are maintained in Washington, D.C.

"People have a difficult time believing and understanding that this information has not been compiled before now," Vaughn said. "One would assume the Forest Service would have complete records on appeals and litigation. They don't. There are bits and pieces at the local, regional and national level."

ERI's project includes construction of a database of 3,635 Forest Service decided appeals nationwide between Jan. 1, 1997 and Sept. 30, 2002. The researchers started with 1997 because they were told by a Forest Service coordinator that records are only required to be kept for seven years. Appeals have been required to be posted electronically since 1996, and the research team determined that five years would yield an accurate account.

The ERI research reveals:

* The number of appeals decided filed has not been increasing since 1997. The highest number of decided appeals occurred in 1998; nationally, approximately 42 percent of all decided appeals in the database were filed in 1998 and 1999.

* Approximately one-third of decided Forest Service project appeals were filed by individuals (1,277), and of that group, only about 15 percent could be identified as filing in conjunction with an organization or business.

* Other than individuals, the top appellants are the Forest Guardians (381), the Ecology Center (236), the Forest Conservation Council (199), Alliance for the Wild Rockies (180), Sierra Club (159), Lands Council (149) and National Forest Protection Alliance (108).

* The Forest Guardians are the top appellants nationally. The group also is the top appellant within Region 3 of the Forest Service (Arizona and New Mexico), Region 6 of the Forest Service (Washington and Oregon) and within the four national forests in northern Arizona (Apache-Sitgreaves, Coconino, Kaibab and Prescott).

* Although the most active appellants, aside from individual filers, are environmental organizations, the appeals process also has been used by a broad range of other interests ranging from grazing permittees, concerned local residents, timber companies, state and local governments, Native American tribes and recreational users.

Appeals can include issues related to occupancy and use of the national forests, as well as issues relating to projects subject to National Environmental Policy Act procedures.

The ERI researchers are continuing to systematically analyze appeal records to provide information about the impact and outcome of appeals. They currently are conducting in-depth case studies as another phase of their research.

"There is clearly a need for more analysis and evaluation of appeals and its role in Forest Service decision making," Vaughn said. "We hope this project will better inform public discussion about the future of appeals."

Copies of the ERI reports are available online at www.eri.nau.edu, from the Ecological Restoration Institute, Northern Arizona University, PO Box 15017, Flagstaff, AZ 86011-5017, by contacting Linsey Baker at (928) 523-7182, or at Linsey.Baker@nau.edu.

CONTACT: Hanna Cortner at 928.523.8533 or Jacqueline Vaughn at 928.523.8224