The agency was required to undertake some type of consultation, informal or otherwise, prior to making a conclusive determination that there would be no effect. Given the 2005 Rule's potential indirect effects on listed species, combined with the USDA's lack of documentation in support of their "no effect" determination, the failure to consult and/or prepare any type of biological analysis in conjunction with the 2005 Rule was arbitrary and capricious.
At the same time, Hamilton declined to reinstate a 1982 regulation, as the environmental groups had sought.
Rodger Schlickeisen, president of Defenders of Wildlife, one of the plaintiff groups, praised Hamilton's ruling, saying:
The Bush administration reversed decades of progress in managing national forests, without considering the impacts on wildlife and the environment. The administration also cut the public out of the loop when considering these large-scale changes to how our nation's forests are managed.
US Justice Department officials are considering an appeal.