The impact of forest service litigation success on administrative appeals of proposed fuels reduction actions

Abstract

In this paper, we explore empirically whether the USDA Forest Service's litigation success rate in each Forest Service region helps explain the persistent regional effects noted by Laband et al. (Laband, D.N., González-Cabán, A., and Hussain, A. (2006). "Factors That Influence Administrative Appeals of Proposed USDA Forest Service Fuels Reduction Actions," Forest Science, 52(5): 477-488.) with respect to the pattern of administrative appeals of proposed fuels reduction actions. We find strong evidence of an inverse relationship between the Forest Service's litigation success rate and the likelihood of administrative appeal of proposed fuels reduction actions on public lands. However, inclusion of this variable explains only about 20% of the region-specific impact noted in Laband et al. (Laband, D.N., González-Cabán, A., and Hussain, A. (2006). "Factors That Influence Administrative Appeals of Proposed USDA Forest Service Fuels Reduction Actions," Forest Science, 52(5): 477-488.), which continues to command additional investigation.