10/21/2026
Excellent breakdown on Equal Access For Justice, the environmental justice group profit structure, and changes working its way through congress to cap the ability for sue, stall and settle tactics used on our public lands with tax payer dollars. If you aren't following BlueRibbon Coalition check out their work and follow along for news and updates on our public lands.
Last week, the U.S. Forest Service's plan to relocate its headquarters from Washington D.C. to Salt Lake City, came to a sudden halt in the exact same way that almost all Forest Service plans come to a sudden halt. A federal district judge from… You guessed it! California, Judge Vince Chhabria, blocked the Forest Service's plan to relocate. According to the ruling, USDA had "almost certainly" been violating congressional restrictions on how it spends money.
The relocation debate split exactly where you'd expect. The administration called the move common sense: get leadership out of Washington and closer to the land, the trees, and the 160 million people who visit the forests each year. Others called it a slow-motion disaster while citing lost expertise, frayed lines to Congress, a rerun of the BLM's Grand Junction exodus. Federal employee unions sued. And both camps spent six months arguing about real estate while missing what the ruling just made impossible to ignore.
Who Really Makes Forest Service Decisions?
At this point in time it is debatable whether the Forest Service can even buy a box of paper clips without a judge's permission. It cannot do so for the same reason it cannot thin a stand of beetle-killed timber, reopen a washed-out trail, or open a gate without a judge's permission. The agency does not, in any final sense, have the autonomy to do anything resembling silviculture. On the decisions that matter, the decisive signature belongs to a federal judge, and the decisive precedent almost always comes out of the Ninth Circuit.
Here is the irony from the news this week. The move to Salt Lake was sold as an escape to get the agency out of Washington and closer to the ground. Note where the escape attempt was stopped in its tracks: in the Northern District of California, inside the Ninth Circuit, the single most consequential venue in the country for how these forests are governed. Note where it goes next if USDA appeals: again, up to the Ninth Circuit.
The decision on the relocation was an appropriations ruling, not an environmental one, with a different statute, a different plaintiff, a different courtroom. But it teaches the same lesson taught by the 279 cases we document in our NEPA Jail Tracker, which is that the authority over this agency does not live where the agency lives. Its decision makers can't make real decisions. And, unless we remove the incentives to file these lawsuits, there will be no escape.
Yet somehow, Congress, whose spending restrictions just stopped an agency relocation, has never passed a statute authorizing the Roadless Rule. The 2001 rule restricts road building and timber harvest on roughly 45 million acres across forests that span half a continent and rests on broad readings of general laws written for a different purpose in a different era. The comment period on rescinding it closed on October 6. Since then, the Supreme Court has said that decisions of vast significance require clear congressional authorization and that courts must read statutes for themselves instead of deferring to the agency. A court that demands clear authority from Congress before the agency can move a few desks around should demand at least as much clarity from Congress before the agency can restrict road building, active management, and recreation access across 45 million acres of national forest land.
The Forest Service can pick whichever skyline it likes, if a court ever lets it. It can put its logo on a building with a mountain view, a monument view, or no view at all. Until stopping active management takes more than raising a serious question and running out the clock, the agency's real headquarters will stay where it has been for years: a courthouse in San Francisco, with some random nonprofit in Helena writing more of any given management plan than the Chief, forest supervisors, or district rangers ever will.
Aside from that courthouse, what the Forest Service has for a headquarters is closer to a NEPA Jail, a low-security facility where career specialists serve their sentences writing forest management plans that will be litigated regardless in a lawsuit that is rigged for them to lose. The Equal Access to Justice Act pays the plaintiffs' lawyers when they win, including on procedural grounds that send the agency back to redo its paperwork.
A fix is already in Congress. Reps. Harriet Hageman and Tom Tiffany introduced the FEES Act (H.R. 9536) on June 30. It limits Equal Access to Justice Act payouts to parties with a direct, personal financial stake, caps awards at $200,000 per case, and bars fee awards tied to settlements that create new federal rules. From 2012 to 2024, Interior and USDA paid over $4 billion in EAJA fees paid primarily environmental groups and their lawyers. Our action alert breaks down what the bill changes and lets you send a message to your members of Congress to encourage them to support this much needed reform so the people who are tasked to manage our forests can manage our forests.
Check out all of the other Forest Service work that is tied up in the NEPA Jail in our tracker via the link below.
