Johnson v. United States Forest Service

MEMORANDUM *

As Trustee of the Absaroka Trust, Kimberly Johnson sought judicial review of an informal adjudication by the United States Forest Service (“USFS”) denying the Absaroka Trust’s application for a special use permit. See 5 U.S.C. §§ 701-706 . Because the facts are known to the parties they are not repeated here.

I

The Absaroka Trust is entitled to “adequate access” to its property, see 16 U.S.C. §§ 1134 (a), 3210(a), 1 defined as “a route and method of access to non-Federal land that provides for reasonable use and enjoyment of the non-Federal land consistent with similarly situated non-Federal land and that minimizes damage or disturbance to National Forest System lands and resources.” 36 C.F.R. § 251.111 . The USFS finding that hiking, stock, and helicopter access existed and constituted adequate access was neither “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706 (2)(A). As the administrative record and decision letters establish, the USFS “considered the relevant factors and articulated a rational connection between the facts found and the choice made.” Pac. Coast Fed’n of Fishermen’s Ass’ns v. Nat’l Marine…