Babbitt
Ft. Funston Dog Walkers v. Babbitt
Opinion
Opinion
Alsup, J.
FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING PROBABILITY OF SUCCESS AND IRREPARABLE INJURY; REQUEST FOR SUPPLEMENTAL BRIEFING CONCERNING REMEDY; ORDER DENYING DEFENDANTS’ OBJECTION TO EXTRA-RECORD MATERIAL
INTRODUCTION
On motion for preliminary injunction, this order finds that plaintiffs have shown a probability that the National Park Service violated its own regulations requiring notice and opportunity for public comment before implementing a closure of certain park lands, finds that plaintiffs will suffer irreparable injury, and requests further briefing as to a provisional remedy.
STATEMENT
1. The Closure Regulation of the National Park Service
The National Park Service’s regulations require notice-and-comment rulemaking procedures before a closure of a park area that is of a “highly controversial nature” or that will result in “a significant alteration in the public use pattern of the park area”:
36 C.F.R. 1.5(b). Plaintiffs contend that the National Park Service violated this regulation by closing a portion of Fort Funston without first publishing the proposed closure in the Federal Register and allowing comment.
2. Fort Funston