Sierra Club v. Department of the Interior
376 F.Supp. 90 (N.D.Cal. 1974)
398 F.Supp. 284 (N.D.Cal. 1975)
424 F.Supp. 172 (N.D.Cal. 1976)
Redwood National Park was
surrounded by privately-owned forest land. Timber harvesting on that
private land was endangering the Park.
Timber harvesting just
upstream of the park was polluting the water running through the park.
In addition, deforestation left the Park vulnerable to high winds,
landslides and siltation.
The Sierra Club petitioned the
Department of the Interior (DOI) to take actions against the private
landowners to protect the Park.
In response, DOI did an
investigation and wrote several reports. However, they took no actions
other than asking the timber companies to voluntarily change their
operations.
Despite the fact that the
reports suggested a number of actions DOI could take.
Sierra Club sued to force DOI
to take action.
Sierra Club argued that the National
Park System Act (16 U.S.C.
§1) and the Redwood
National Park Act (RNPA) (16 U.S.C. §79(a)) said that DOI has a judicially-enforceable
duty to exercise their powers to prevent or mitigate damage to the Park.
DOI argued that they had
discretion to take (or not take) actions.
The Trial Court found for
Sierra Club.
The Trial Court looked to
the Administrative Procedures Act
(APA) and Rockbridge
v. Lincoln (449 F.2d 567 (1971)),
and found that DOIs actions are reviewable unless there is a clear and
convincing showing that Congress intended there to be no judicial review.
The Court looked to RNPA
§70(e) and found that it imposed a
legal duty on DOI to use its powers to protect the Park.
The Court found that DOI
had a non-discretionary, fiduciary duty to protect the Wilderness Area.
They did not have the authority to allow it to be damaged.
The Court ordered DOI to
take actions.
In response to the ruling, DOI
continued to do some studies, and entered into cooperative agreements with
some of the timber companies. Sierra Club sued again.
Sierra Club argued that DOI
had not complied with the intent of RNPA, or its fiduciary duty to protect the Park.
DOI argued that their
failure to act was due to a lack of scientific data, a lack of funds, and
that the cooperative agreements were sufficient.
The Trial Court found for
Sierra Club.
The Trial Court found that
DOI had not taken steps to implement most of the recommendations in their
reports.
The Court found that the
cooperative agreements were insufficient.
The Court ordered DOI to
take reasonable steps to protect the Park, exercising the powers vested
in them by RNPA. In addition,
DOI was ordered to prepare a report outlining what progress they've made.
DOI went back and tried a
number of things to protect the park, but they all failed. Sierra Club
sued again.
DOI asked the Office of
Management and Budget for additional authority but were rebuffed.
DOI asked the timber
companies to comply with more voluntary guidelines, but they declined.
DOI asked the governor of
California for money but were refused.
DOI asked the Department of
Justice (DOJ) to commence litigation against the timber companies, but
DOJ did not act.
The Trial Court found that DOI
had made a good faith effort to protect the park.
The Trial Court suggested
that the only thing that could be done was Congressional action.
Congress actually responded
by enacting the Redwood Park Expansion Act (92 Stat. 163),
which expanded the Park.