Wildes

MEMORANDUM

Plaintiffs Montana Snowmobile Association, the Town of Superior, and the Blueribbon Coalition, Inc., (collectively “the Snowmobilers”), appeal the district court’s grant of summary judgment in favor of defendants Charles Wildes, Dale Bosworth, and the United States Forest Service, (collectively “the Forest Service”), and defendant-intervenors Montana Wilderness Association, et al., (collectively “the Wilderness Association”).

The Snowmobilers argue that the district court erred in holding that their action was barred by 28 U.S.C. § 2401 (a) which requires that civil actions commenced against the United States be brought within six years after the right of action first accrues. In so holding, the Snowmobilers contend that the court further erred by failing to reach plaintiffs’ claims on the merits, to wit, that defendants, first, failed to perform duties pursuant to 36 C.F.R. § 295 and 40 C.F.R. § 1502.9 (c)(l)(ii), in violation of the Administrative Procedures Act (“APA”), 5 U.S.C. § 706 (1), and, second, acted arbitrarily, capriciously, or unlawfully in violation of the APA, 5 U.S.C. § 706 (2)(A).

Were we to agree with the Snowmobilers 3 that the statute of…