ESTABLISHING A FRAMEWORK FOR JUDICIAL REVIEW OF FIRE MANAGEMENT DECISIONS ON PUBLIC LANDS

Abstract

This Note lays out the current legal regime guiding the fire management activities of the United States Bureau of Land Management (BLM) and the United States Forest Service (USFS). It then uses two recent cases to illustrate the difficulties courts face in evaluating fire management decisions and the difficulties environmental plaintiffs face in challenging fire management decisions. Finally, this Note argues that Congress should address these problems by passing legislation requiring federal agencies to create fire management plans (FMPs) that are compliant with the National Environmental Policy Act (NEPA).