Parts of an Appeal

1. Notice of Appeal:
   • A clear and concise summary of the reasons for the appeal.
   • Briefly set forth the major factual and legal points that are elaborated on later.
   • Contain all the minimum information not covered elsewhere in the Notice of Appeal:
   • Mention your previous participation, such as having commented on the proposed action.
   • Describe all appellants, listing their interest in the management of the forest. State that the members of organizational appellants use and enjoy the environmental amenities of the forest through hiking, camping, fishing, etc. (Standing)
   • Note how appellants have participated in past management decisions affecting the forest; i.e. by commenting on or appealing other timber sales.

2. Background:
   • A description of the area in dispute, discussing it’s unique features and providing basic facts and figures about the resources and uses in the area.
   • Describe key elements of the decision and explain the various activities involved. It is often helpful to compare the project to past management for perspective.
   • Provide historical information about the area if such factors as catastrophic fires, insect infestations, or landslides have played a major role in management of the area.

3. Statement of Reasons:(The heart of the appeal)
   • Set forth in detail all legal and factual arguments and objections to the decision.
   • Legal standards are contained in statutes such as the:
   • National Environmental Policy Act (NEPA)
   • National Forest Management Act (NFMA)
   • Endangered Species Act (ESA)
   • Clean Water Act (CWA)
   • Administrative Procedures Act (APA)
   • Forest Service regulations, manuals and handbooks
   • Court Cases
   • Administrative Decisions

   All of these sources are binding on the Forest Service and may provide a basis for challenging the decision documents.

   • Your objections carry the most weight when they are supported by specific citations to applicable legal authority, as opposed to general references to law.
   • Familiarize yourself with the standards and guidelines in the Land Management Plan (Forest Plan). The NFMA requires that all Forest Service projects and activities “shall be consistent with land management plans” (16 USC 1604 (i)). [Forest Plan violations - i.e. exceeding plan standards for road density or hiding cover.]
   • Each argument should have a separate heading and be well organized and documented. Arguments should be self-contained, setting out whatever information you need from the decision document to make your point. Identify the specific portions of the decision you object to, citing page numbers from the document.
   • Make sure to point out how the decision fails to consider previous comments on the proposed action. The final EA or EIS will include an appendix that addresses public comments on the proposal. You may want to inspect the public comment records at the Forest Service office and obtain copies of particular letters that might be helpful to your appeal, such as Fish & Game or US Fish & Wildlife agencies or other experts.

4. Request for Relief:
   • State how the decision should be changed.
   • Be specific. It will do no good to present your arguments if you do not tell the appeal officer exactly what you want changed.

     For example, if an EA was prepared you may ask the Forest Service to prepare a full EIS. Do you want the timber sale volume reduced? If so, by how much? Do you want certain areas to be omitted from the sale (roadless areas/old growth)? Do you want additional management alternatives offered? Do you want certain technical analyses redone?

   • Carefully consider what kinds of changes are justified by the defects in the decision document and set those out in the Request for Relief.

5. Appendix:
   The Appendix contains all the necessary supportive material for the appeal.
   • affidavits of experts
   • scientific journal articles
   • Forest Service memoranda
   • Forest Plan excerpts
   • maps, charts, portions of legislative history

   The Appendix should not be exceedingly long but should include any information vital to making your case. For example, in the appeal you may cite most court cases, statutes, plan standards, and secondary source materials. If any such document is particularly helpful (i.e. biological opinion), you should consider reproducing it in the Appendix to ensure easy access for the appeal reviewing officer.