Hells Canyon Alliance v. United States Forest Service

This appeal brings to mind the maxim that you can please all of the people some of the time, and some of the people all of the time, but you can’t please all of the people all of the time. At issue are the regulations for motorized water craft adopted by the United States Forest Service (“Forest Service”) for portions of the Snake River within the diverse and spec- *1173 taeular area known as the Hells Canyon National Recreation Area. Balancing the competing and often conflicting interests of motorized water craft users, including jetboaters, and non-motorized water craft users, such as rafters and kayakers, is no easy task. The legislative framework contemplates not only that such craft are legitimate recreational uses in Hells Canyon but that the area should be preserved and conserved for the public benefit. In 1998, after a lengthy environmental impact process and extensive public comment, the Forest Service implemented a recreation management plan that included a “non-motorized window” — a three-day period every other week throughout the primary season during which motorized water craft would be barred from part of the “wild” section of the river. The Hells Canyon Preservation…