NFS Litigation Weeklies June 29, July 6, 2018

Litigation Weekly June 29

New case – involving a decision by the BLM, based on an EA, to eliminate wild horses from eight of nine horse management areas on public lands in the vicinity of Caliente, Nevada. (D. D.C.)

New case – involving a determination by the BLM that it was obligated to renew or reinstate two leases for a copper-nickel sulfide ore mine in the Boundary Waters Canoe Area Wilderness on the Superior National Forest.  (D. D.C.)  (Additional information was provided here.)


Litigation Weekly July 6

The court of appeals determined that the Forest Service had established a prescriptive easement over an adjacent ranch for the Indian Creek Trail, which provides public access to the Lee Metcalf Wilderness on the Beaverhead-Deerlodge National Forest.  (9th Cir.)

The court upheld restrictions on motorized use in Wilderness Study Areas in the Bitterroot National Forest Travel Plan, but remanded the bicycle portion of the plan for the Forest Service to provide an opportunity for administrative objections to closures of trails to bicycle use.  (D. Mont.)  (Also see this article.)

(Update.)  The appellate court remanded a case involving Federal Lands Recreation and Enhancement Act fees to the district court to determine what type of fee the plaintiff (a recreational boat user) paid, in order to determine the Forest Service obligations for the site on the Daniel Boone National Forest.  (6th Cir.)




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