Rounds v. United States Forest Service

The Black Hills National Forest in South Dakota faced an infestation of mountain pine beetles. The beetles killed thousands of trees, which significantly increased the risk of fire in the area. At some point, the United States Forest Service (the service) (defendant) began a process to amend its 1997 forest plan (Phase II Amendment process). The Phase II Amendments were to include portions that addressed the beetle infestation and wildfire risk. In January 2002, the service set September 2003 as the completion date for the Phase II Amendment process, but the completion date eventually was pushed back to October 2004. The governor of South Dakota, Michael Rounds, and the State of South Dakota (collectively, South Dakota) (plaintiffs) brought suit against the service under the Administrative Procedure Act § 706. South Dakota alleged that the service’s failure to take action regarding the fire risk caused by the beetle infestation violated the service’s duty under the National Environmental Policy Act and the National Forest Management Act—i.e., the service’s statutory duty to make provisions for the protection of national forests against destruction by fire. South Dakota argued that this failure to act constituted an unreasonable delay of a mandatory duty of the service, so it was reviewable under § 706 of the Administrative Procedure Act. South Dakota sought an order mandating that the service proceed with harvesting timber from the Black Hills National Forest and promptly issue its Phase II Amendments to provide a plan for adequate timber harvesting. The service filed a motion for judgment on the pleadings, arguing that the court may not grant relief because any compelled agency action must be preceded by the requisite administrative process.