36 C.F.R. § 223.40
Cancellation for environmental protection or inconsistency with plans
Timber sale contracts, permits, and other such instruments, authorizing the harvesting of trees or other forest products, with terms of longer than 2 years, shall provide for cancellation in order to prevent serious environmental damage or when they are significantly inconsistent with land management plans adopted or revised in accordance with section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended. Such provision shall provide for reasonable compensation to the purchaser for unrecovered costs incurred under the contract and for the difference between the current contract value and the average value of comparable National Forest timber sold during the preceding 6-month period.
Notes of Decisions
Cited in 3
cases, 1990–1999 · leading case: Reservation Ranch v. United States, 39 Fed. Cl. 696 (Fed. Cl. 1997).
Reservation Ranch v. United States, 39 Fed. Cl. 696 (Fed. Cl. 1997). “Plaintiff cites 36 C.F.R. § 223.40 as additional support for its argument.”
Seaboard Lumber Co. v. United States, 19 Cl. Ct. 310 (Ct. Cl. 1990). “2) and perhaps to its implementing regulation, 36 CFR Section 223.40, as authority for the action taken.”
Seaboard Lumber Co. v. United States, 45 Fed. Cl. 404 (Fed. Cl. 1999). “” 2 36 C.F.R. § 223.40 (1998). Accordingly, the Headwaters timber sale contract included such a clause, C8.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.