Lake Mohave Boat Owners Ass'n v. National Park Service

The National Park Service (NPS) and Seven Resorts, Inc. (SRI) appeal from the district court’s grant of summary judgment in favor of the Lake Mohave Boat Owners Association (LMBOA). The district court held that NPS violated the Freedom of Information Act (FOIA), 5 U.S.C. § 552 , because NPS did not publish in the Federal Register its rate-setting guidelines for marinas that operate in national parks. The district court also found that NPS violated LMBOA’s due process rights by not providing it with notice and an opportunity to comment on rate changes. The court voided the rate increase for the Lake Mohave Resort marina, operated by SRI, and awarded restitution jointly against both NPS and SRI for $258,093. NPS and SRI appeal these rulings. LMBOA cross-appeals the district court’s finding that it is not entitled to damages because the government had not waived sovereign immunity.

We hold that LMBOA lacked standing to bring a claim for restitution on behalf of its members. We also hold, for purposes of our review of the district court’s award of attorney’s fees that NPS was substantially justified in its position that it did not violate federal law when it failed to publish in the…