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259 F3d 1244, *; 2001 U.S. App. LEXIS 17639, **; <br />53 ERC (BNA) 1368; 31 ELR 20864 <br />The Forest Service's alleged inaction has not yet <br />ripened into fmal agency action. In addition, this lawsuit <br />raises factual questions and resolution at this time would <br />likely impede rather than promote an effective <br />conservation program for the Platte River species. <br />Because we perceive little hardship in withholding <br />judicial consideration at present, we hold that the case is <br />not ripe for review. <br />CONCLUSION <br />Page 7 <br />The Coalition's challenge to the Forest Service's <br />conservation program is not ripe for review under the <br />Endangered Species Act, and we lack subject-matter <br />jurisdiction over this case. Without jurisdiction, we may <br />not comment on the merits; to the extent the district court <br />ruled on the substance of § 1536(a)(1), we must vacate <br />that decision. We AFFIRM the district court's dismissal <br />far lack of ripeness and VACATE its dismissal on the <br />merits.