Minard Run Oil Co. v. U.S. Forest Service: Split Estates in the Allegheny National Forest

摘要

The Third Circuit's ruling in Minard Run returns the ANF to the cooperative use framework established in 1980, enfeebling the Forest Service in the process. Riding the tide of rising oil prices, oil exploration in the ANF is rapidly increasing, with 3736 new wells approved between 2005 and 2008 alone. By making the Forest Service a less-than-equal partner in negotiations over use of the forestland, this decision may hinder the miraculous recovery made by the ANF.