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Congressional Review Act lawsuit challenges BLM land plans

Charles Wallace
Jul. 10, 2026 4 minutes read
Congressional Review Act lawsuit challenges BLM land plans

Pictured here, workers at Freres Engineered Wood in Oregon's Santiam Canyon.

Preston Keres/USDA

An environmental group’s lawsuit challenging a western Oregon timber sale could become a test case with implications reaching far beyond a single logging project.

Cascadia Wildlands filed suit June 24 in the U.S. District Court for the District of Oregon, alleging the Bureau of Land Management (BLM) unlawfully approved the Aloha Trout Forest Management Project because it relied on a resource management plan that never legally took effect under the Congressional Review Act (CRA).

The lawsuit argues the agency’s 2016 Northwestern and Coastal Oregon Resource Management Plan was never submitted to Congress as required under the CRA and therefore cannot serve as the legal basis for timber harvest or other land management decisions.

Challenge centers on RMPs

The case stems from Congress’ decision in 2025 to use the CRA to overturn several BLM resource management plans (RMPs), a move that many organizations warned could create uncertainty for public land management nationwide.

The complaint argues that while federal agencies historically did not consider RMPs to be “rules” under the CRA, Congress effectively changed that interpretation when it relied on Government Accountability Office opinions before passing resolutions disapproving of several BLM land-use plans in 2025. The lawsuit contends that if those plans qualify as rules under the CRA, then every RMP adopted since the law’s enactment in 1996 should have been submitted to Congress before taking effect. Because the Oregon plan was never submitted, Cascadia Wildlands argues it is legally invalid.

According to Cascadia Wildlands, the Northwestern and Coastal Oregon and Southern Oregon RMPs together cover approximately 2.6 million acres.

The Northwestern and Coastal Oregon RMP covers about 1.3 million acres of BLM-managed lands in western Oregon and was approved in August 2016. Since 2016, the BLM has approved 449 timber sales totaling more than 2.2 billion board feet of timber with a cumulative value exceeding $577 million.

“The area covered by the Northwestern and Coastal Oregon Resource Management Plan includes forests that are a cradle of biodiversity and wellspring of life for nearby communities,” Cascadia Wildlands attorney Nick Cady said in a statement. “Congress’ irresponsible use of the CRA has invalidated this exploitive use of our public forests.”

The lawsuit specifically challenges the Aloha Trout Forest Management Project, which proposes harvesting up to 75.5 million board feet of timber across approximately 1,305 acres in the Salem District.

The complaint asks the court to declare the Northwestern and Coastal Oregon Resource Management Plan unlawful, vacate the Aloha Trout Forest Management Project, and rule that permits, leases, rights-of-way and other authorizations issued under the plan are null and void. It also seeks preliminary and permanent injunctions preventing the BLM from carrying out actions authorized under the plan, while requesting attorney fees and litigation costs.

Potential effects

The lawsuit has attracted attention because of what it could mean for public land management across the West.

The Idaho Outfitters & Guides Association said it warned Congress last year that treating RMPs as CRA rules could expose virtually every post-1996 plan to legal challenge because agencies never submitted those plans to Congress. The organization said the same legal theory could affect grazing permits, outfitting permits, timber sales, oil and gas leases and other authorizations issued under those plans.

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While acknowledging the government has strong counterarguments, the association said the litigation could create years of uncertainty, and urged Congress to clarify that land-use plans are not subject to the CRA.

The Center for Western Priorities also said the implications extend far beyond the Oregon timber sales. According to the organization, dozens of BLM management plans covering more than 160 million acres of public land were adopted after 1996 without being submitted to Congress as rules.

The Center for Western Priorities said the lawsuit could have unintended consequences. If courts rule that RMPs are subject to the CRA, the BLM could face new limits when writing future plans, making it more difficult to include similar protections for wildlife or cultural resources and inviting additional legal challenges nationwide.

Those concerns mirror a November 2025 letter sent to then-Acting BLM Director Bill Groffy by several organizations. The letter warned that Congress’ use of the CRA created uncertainty over at least 5,033 oil and gas leases covering nearly 4 million acres by calling into question the validity of underlying resource management plans. The groups urged the BLM to pause new leasing and permitting until the issue is resolved.

The Center for Western Priorities concluded that Congress created the current uncertainty by applying the CRA to land-use plans and argued the most direct solution is legislation clarifying that RMPs and mineral withdrawals are not subject to the CRA while restoring the planning framework for public lands. — Charles Wallace, WLJ contributing editor

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