Espy
Western Radio Services Co. v. Espy
Opinion
Lead Opinion
Wallace, J.
Western Radio Services Co., Inc. (Western) appeals from the district court’s summary judgments for .the United States Forest Service (Service) and Slater Communications & Electronics, Inc. (Slater). The district court held that the Service did not abuse its discretion in issuing a special use permit to Slater and that Western did not have standing to bring a claim under the National Environmental Policy Act (NEPA). The district court had jurisdiction under 5 U.S.C. § 702 and 28 U.S.C. § 1331 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We affirm.
I
The Gray Butte Electronics Site is located on the Crooked River National Grassland in the Ochoco National Forest in Oregon. The Service and the Department of Agriculture manage the site and have authority to issue special use permits for land under their control; however, permits for uses coming within Federal Communications Commission (Commission) jurisdiction are contingent upon Commission authorization and licensing. Pursuant to special use permits issued *899 by the Service, Slater and Western operate and maintain mobile radio communications facilities at Gray Butte. Slater and Western originally…