C.F.R. » Title 36 » CHAPTER II—FOREST SERVICE, DEPARTMENT OF AGRICULTURE › PART 216—PUBLIC NOTICE AND COMMENT FOR STANDARDS, CRITERIA, AND GUIDANCE APPLICABLE TO FOREST SERVICE PROGRAMS

36 C.F.R. § 216.2

Definition

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Directive means the contents of the Forest Service Manual and Forest Service Handbooks issued as described at 36 CFR 200.4(c).

[85 FR 2864, Jan. 16, 2020]
Notes of Decisions
Cited in 7 cases, 1985–2017 · leading case: Back Country Horsemen of Am. v. Johanns, 424 F. Supp. 2d 89 (D.D.C. 2006).
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Back Country Horsemen of Am. v. Johanns, 424 F. Supp. 2d 89 (D.D.C. 2006). · cites it 5× “” 36 C.F.R. § 216.2 (c). The regulations further state that the public participation requirements of Section 14 do not apply to “[ijnstruc-tions, procedures, and other material issued in Forest Service Handbooks.”
Am. Wild Horse Pres. Campaign v. Sonny Perdue, 873 F.3d 914 (D.C. Cir. 2017). “The Forest Service Manual is a compendium of "legal authorities, responsibilities, delegations, and general instruction[s],” 36 C.F.R. § 216.2 (a), that "establishes] the general framework for the management and conduct of Forest Service programs,” id.”
Nat'l Wildlife Fed'n v. Tom Coston, 773 F.2d 1513 (9th Cir. 1985). “” 36 C.F.R. § 216.2 (1983). Under the APA, this court is to set aside agency action found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, 5 U.”
Nat'l Ski Areas Ass'n v. United States Forest Serv., 910 F. Supp. 2d 1269 (D. Colo. 2012). · cites it 2× “36 C.F.R. § 216.2 (c). The regulations exempt materials issued in the Forest Service Handbook from NFMA’s public notice-and-comment requirements.”
Meadow Green-Wildcat Corp. v. Michael B. Hathaway, 936 F.2d 601 (1st Cir. 1991). “See 36 C.F.R. § 216.2 (a) (Manual includes “general instruction and direction needed on a continuous basis by Forest Service officers at more than one unit .”
Cleveland v. United States, 546 F. Supp. 2d 732 (N.D. Cal. 2008). “; see also 36 C.F.R. § 216.2 . 5 . The 1994 edition of the map was the version in use at the time of the accident in October 2003.”
Am. Wild Horse Preservati v. Sonny Perdue, No. 15-5332 (D.C. Cir. Sept. 29, 2017). “In addition, the Service’s proposed reduction of the Wild Horse Territory by approximately 23,000 8 The Forest Service Manual is a compendium of “legal authorities, responsibilities, delegations, and general instruction[s],” 36 C.F.R. § 216.2 (a), that “establish[es] the general…”
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