State of Alaska v. United States Department of Agriculture
932 F. Supp. 2d 30
D.D.C.2013Background
- Roadless Rule adopted Jan. 5, 2001 and published Jan. 12, 2001 (66 Fed. Reg. 3244).
- Rule prohibits roadwork and timber harvest on 58.5 million acres, including 14.7 million in Alaska’s Tongass and Chugach National Forests.
- Alaska and intervenors challenge the Rule as statutory/administrative-law violations.
- Defendants move to dismiss for lack of subject-matter jurisdiction (12(b)(1)); intervenors move to dismiss as time-barred/untimely (12(b)(6)).
- Court determines Alaska’s claims are untimely under 28 U.S.C. § 2401(a) and lack jurisdiction; 12(b)(6) issue rendered moot.
- Accrual of the challenge is January 2001 (final agency action) and suit filed in 2011, exceeding six-year limit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 2401(a) is jurisdictional and time-bars suit | Alaska asserts timely challenge under 2401(a) | Defendants contend 2401(a) is jurisdictional and expired in 2007 | Yes, § 2401(a) is jurisdictional; claims untimely. |
| When the cause of action accrued for a facial challenge to a rule | Accrual not triggered until standing/justiciability determined | Accrual at final agency action in January 2001 | Accrual in January 2001; suit filed in 2011 barred. |
| Whether standing affects the timeliness analysis | Standing should toll or affect accrual | Standing not required to timing of accrual; timeliness independent | Standing does not save time-barred claims; claims dismissed. |
Key Cases Cited
- Spannaus v. U.S. Dep't of Justice, 824 F.2d 52 (D.C. Cir. 1987) (§ 2401(a) jurisdictional; strict construction)
- Harris v. FAA, 353 F.3d 1006 (D.C. Cir. 2004) (facial challenge accrues at final agency action)
- JEM Broad. Co. v. FCC, 22 F.3d 320 (D.C. Cir. 1994) (jurisdictional/limitations considerations in agency challenges)
- Hardin v. Jackson, 625 F.3d 739 (D.C. Cir. 2010) (reaffirming § 2401(a) as jurisdictional)