J. Scott v. United States

MEMORANDUM

J.B. Scott (Scott) appeals the District Court’s entry of summary judgment in favor of the Forest Service, which had previously denied Scott’s request for a permit to land his helicopter on Forest Service lands.

The Forest Service’s denial of Scott’s request “may only be set aside under the [Administrative Procedure Act] if it was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” Siskiyou Reg’l Educ. Project v. U.S. Forest Service, 565 F.3d 545, 554 (9th Cir. 2009) (citations and internal quotation marks omitted). Because the Forest Service’s 2003 closure order required that Scott obtain a permit to land a helicopter in the forest, and because the reasoning of the Forest Service can be discerned from its decision, its denial of Scott’s request was not arbitrary, capricious, or contrary to law. See McFarland v. Kempthorne, 545 F.3d 1106,1113 (9th Cir.2008).

Scott failed to exhaust his administrative remedies with respect to any NEPA challenge to the 2003 closure order. See Great Basin Mine Watch v. Hankins, 456 F.3d 955, 967 (9th Cir.2006). Because we resolve this case pursuant to the 2003 closure order, we need not, and do not,…