This article is divided into five sections. Section I reviews the legal and historical background of forest law, culminating in NFMA, and establishes why many believe that the NFMA provides a greater role for courts. Section II presents the underpinnings of judicial review and deference to administrative agencies, such as the Forest Service. Section III provides examples of the deference applied in challenges to the Forest Service's attempted compliance with NFMA's diversity requirements. Section IV discusses the benefits and shortcomings of a specialized court in addressing the criticisms of the present system. Section V concludes that a specialized court is not the best remedy.
Judicial Review of Forest Service Decisions Made Pursuant to the National Forest Management Act's Substantive Requirements: Time for a Science Court?,
20 J. Nat’l Ass’n Admin. L. Judges.
available at http://digitalcommons.pepperdine.edu/naalj/vol20/iss2/2