Powell

High Sierra Hikers Ass'n v. Powell

Good Law
150 F. Supp. 2d 1023·2001 WL 791641·2001 U.S. Dist. LEXIS 15664
United States District Court, Northern District of CaliforniaJune 5, 2001C-00-01239-EDLCalifornia9,960 words

Opinion

Opinion

Laporte, J.

ORDER DISMISSING AS MOOT PLAINTIFFS’ CLAIMS UNDER THE NATIONAL FOREST MANAGEMENT ACT AND ONE OF PLAINTIFFS’ CLAIMS UNDER THE WILDERNESS ACT; GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT; AND GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

I INTRODUCTION

On April 10, 2000, Plaintiffs High Sierra Hikers Association, et al. (“Plaintiffs”) filed this action for declaratory and injunc-tive relief against Defendants Bradley Powell, et al. (“Defendants”). The complaint alleges that Defendants violated the National Forest Management Act (“NFMA”), 16 U.S.C. §§ 1600-1687 , the Wilderness Act, 16 U.S.C. §§ 1131-1136 , the National Environmental Policy Act (“NEPA”), 42 U.S.C. §§ 4321 -4370d and the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701-706 . Plaintiffs seek a declaration that Defendants have violated NFMA by violating the standards and directions set forth in the Inyo National Forest Land and Resource Management Plan (“LRMP”) and the Sierra National Forest LRMP through their failure to perform nondiscretionary duties and through their affirmative action to allow commercial uses in the Forests that are inconsistent…

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