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Sticky Legal Issues Surrounding Restoration

Human-side of Restoration Webinar: Sticky Legal Issues Surrounding Restoration

The second webinar in the Human-side of Restoration Webinar Series was held February 4, 2014. The discussion focused on the political landscape of ecological restoration, including legal mandates for agencies, within-agency politics, and challenges with NEPA compliance as evidenced by case-law.

Presentation

Sticky Legal Issues Surrounding Restoration: Navigating adaptive management and cumulative effects analysis to satisfy legal requirements and address stakeholder concerns

David Seesholtz, Research Liaison, USDA Forest Service, Pacific Northwest Research Station
Courtney Schultz, Assistant Professor of Forest Policy, Colorado Srate University

References

Connaughton, James. 2005. Guidance on the Consideration of Past Actions in Cumulative Effects Analysis. Memorandum, Executive Office of the President. 4p.

MacGregor, Donald G.; Seesholtz, David N. 2008. Factors influencing line officers' decisions about National Environmental Policy Act project design and development. Gen. Tech. Rep. PNW-GTR-766. Portland, OR: U.S. Department of Agriculture, Forest Service, Pacific Northwest Research Station. 27 p.

Schultz, Courtney. 2012. History of the Cumulative Effects Analysis Requirement Under NEPA and Its Interpretation in US Forest Service Case Law. 65p.

Schultz, Courtney; Nie, Martin. 2012. Decision-making Triggers, Adaptive Management, and Natural Resources Law and Planning. Natural Resources Journal 52:Fall 2012. 443-521.

Stankey, George H.; Clark, Roger N.; Bormann, Bernard T. 2005. Adaptive management of natural resources: theory, concepts, and management institutions. Gen. Tech. Rep. PNW-GTR-654. Portland, OR: U.S. Department of Agriculture, Forest Service, Pacific Northwest Research Station. 73 p.

NEPA Task Force. 2003. Adaptive Management and Monitoring. In: Modernizine NEPA Implementation, Report to the Council on Environment Quality. 14p.

Speaker Bios

David Seesholtz

Research Liaison, USDA Forest Service, Pacific Northwest Research Station, 1249 South Vinnell Way, Boise, ID 83709. 208-373-4170. Contact David Seesholtz

David leads a research effort titled NEPA for the 21st Century that examines various aspects related to accomplishing NEPA responsibilities. NEPA for the 21st Century aims to provide a creditable science basis for policy development and management activities associated with environmental planning. Previously David has served in numerous capacities (positions) for the “management side” of the agency including planning staff officer, regional social scientist, and district ranger.

Courtney Schultz

Assistant Professor of Forest Policy, Colorado Srate University. Contact Courtney Schultz

Courtney's research looks at the intersection of science and planning, particularly around cumulative impacts analysis, monitoring and adaptive management, and use of best available science in implementation of the planning rule. She worked for a year with the U.S. Forest Service as the assistant team leader of the Four Forest Restoration Initiative and subsequently has conducted research on the implementation of the CFLRP program, looking at planning and adaptive management for large scale restoration. She is also currently, at the request of the Washington Office, leading up the third-party evaluation of the Integrated Resource Restoration budget pilot.