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

*1363 ORDER

On October 18, 1995, this court issued its opinion in this case. Both parties filed petitions for rehearing. The petition for rehearing by Lake Mohave Boat Owners Association is denied.

In response to the petition by the Defendants-Appellants, the panel has made revisions to its original opinion, and herewith enters the attached amended opinion.

OPINION

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. The court also eventually granted declaratory and injunctive relief requiring publication of the guidelines and…