Supreme Court of the United States
Ohio Forestry Association, Inc. v. Sierra Club
May 18, 1998523 U.S. 726
Summary
Justice Breyer delivered the unanimous opinion holding that the Sierra Club’s challenge to the Wayne National Forest plan’s logging and clearcutting provisions was not ripe. The plan did not itself authorize logging, delayed review would impose no significant hardship, immediate review could interfere with further agency decisionmaking, and site-specific proposals would provide a better factual setting for judicial review. Claims concerning immediate recreational harms were not fairly presented because they first appeared in the merits briefs before the Supreme Court. The Court vacated the Court of Appeals’ judgment and remanded with instructions to dismiss, without deciding standing or the plan’s substantive legality. There were no separate opinions.
Holding
- Ripeness of the challenge to the forest plan’s logging and clearcutting provisions.. The challenge was not ripe for judicial review before further site-specific agency action.
- Consideration of newly asserted immediate recreational harms.. The Court could not consider recreational harms that were not fairly presented in the complaint or earlier proceedings and first appeared in the Supreme Court merits briefs.
Docket 97-16
Cited authorities
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