Case Explained: Western Watersheds Project, et al. v. United States Forest Service, et al.

Court: United States Court of Appeals for the Tenth Circuit Filed: 2026-06-26 Docket: 1:22-CV-00214-SWS) The Tenth Circuit dismissed the appeal for lack of appellate jurisdiction because the district court’s order remanding the case to the United States Forest Service without vacatur was not a final decision under 28 U.S.C. § 1291. The court applied the administrative remand rule, which generally precludes appellate review of district court orders that return matters to an agency for further proceedings. Although the Conservation Groups argued that the “practical finality” exception should apply because the issue was important and urgent, the court rejected this argument, noting that the decision to remand with or without vacatur involved a fact-intensive inquiry applying the *Allied-Signal* factors, which is typically left to the district court’s discretion. Consequently, the order did not meet the criteria for the practical finality exception, as the issue was not outside the trial court’s discretion. The practical consequence is that the Conservation Groups’ challenge to the remedy determination cannot be reviewed by the appellate court at this time; the case remains with the district court and the agency to implement the remand instructions consistent with the prior appellate mandate. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.