Hells Canyon Preservation Soc. v. US Forest Serv., No. 07-35456

In an action challenging the Forest Service's failure to close a road through a recreation area to motorized vehicle travel, summary judgment for defendant is affirmed where: 1) as to their claim that the Forest Service lost a map of the wilderness area, plaintiffs did not suffer a cognizable Article III injury, because the loss of the map was not redressable; 2) the Forest Service's publication of a boundary description started the statute of limitations on plaintiffs' boundary claim, and their claim was thus untimely; and 3) plaintiffs failed to identify "an ongoing failure to act" by defendant, and thus failed to state a claim under section 706(1) of the Administrative Procedure Act.

Read Hells Canyon Preservation Soc. v. US Forest Serv., No. 07-35456

Appellate Information

Argued and Submitted December 11, 2008

Filed January 25, 2010

Judges

Opinion by Judge Bybee

Partial Concurrence and Partial Dissent by Judge Graber

Counsel

For Appellants:

Brett E. Brownscombe, Portland, OR

William H. Sherlock, Hutchinson, Cox, Coons, Dupriest, Orr & Sherlock, P.C., Eugene, OR

For Appellee:

Mark R. Haag, United States Department of Justice, Washington, DC