Blackwell

High Sierra Hikers Ass'n v. Blackwell

Good Law
381 F.3d 886·2004 WL 1887474·59 ERC (BNA) 1551·2004 U.S. App. LEXIS 18019
United States Court of Appeals for the Ninth CircuitAugust 25, 2004Nos. 02-15504, 02-15505, 02-15574California7,295 words

Opinion

Lead Opinion

Hug, J.

Plaintiffs, High Sierra Hikers Association, et al. (collectively “High Sierra”) brought the present suit against the United States Forest Service 1 (“Forest Service”) seeking declaratory and injunctive relief for management practices in the John Muir and Ansel Adams Wilderness Areas. Plaintiffs are nonprofit organizations dedicated to conservation, education, and wilderness protection. Each organization has members who use the Ansel Adams and John Muir Wilderness Areas for various recreational activities. Their standing to bring this action is uncontested. Pursuant to the parties’ stipulation and consent, the ease was referred to U.S. Magistrate Judge Elizabeth D. Laporte. This case reaches this court on appeal and cross-appeal and poses the question of whether the Forest Service complied with the mandates of the National Environmental Policy Act (“NEPA”), 42 U.S.C. §§ 4321 -4370F, and the Wilderness Act, 16 U.S.C. §§ 1131-1136 , when it issued multi-year special-use permits and granted renewals of special-use permits to commercial packstock operators in the wilderness areas. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

I. Background

Encompassing over 800,000 acres, the…

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