Fragosa
Fragosa v. Moore
Opinion
Lead Opinion
Hatter, J.
Order
This suit presents an as-applied challenge to the implementation of the Federal Lands Recreation Enhancement Act, 16 U.S.C. §§ 6801-6814 , (“REA”) recreation fee program in four National Forests in Southern California, which embodies the policy and practice of the Forest Service. The Forest Service’s recreation fee program requires Plaintiffs to purchase an “Adventure Pass” to enter regions that the *987 Forest Service has designated High Impact Recreation Areas (“HIRA”) or Standard Amenity Fee Areas (“SAFA”) to park, hike, picnic, camp in undeveloped locations, or otherwise recreate, even when they do not use the developed facilities and services. Failure to purchase and display a required pass allows the Forest Service to impose misdemeanor criminal penalties.
Both parties have moved for summary judgment.
The REA states in relevant part:
16 U.S.C. § 6802 (f). The subsection (d) limitations on this fee authority referred to in subsection (f) are:
Agency compliance with REA is reviewed under the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701-706 . Grand Canyon Trust v. United States Bureau of Reclamation, 691 F.3d 1008, 1016 (9th Cir.2012). Under the APA, review…