Kimball

Central Montana Wildlands Ass'n v. Kimball

Good Law
308 F. App'x 84
United States Court of Appeals for the Ninth CircuitJanuary 9, 2009No. 06-35938California582 words

Opinion

Lead Opinion

MEMORANDUM *

Central Montana Wildlands Association appeals the district court’s grant of summary judgment in favor of the Forest Service, asserting that the district court *86 erred by rejecting the Association’s claims that the Forest Service violated the National Environmental Policy Act and Montana Wilderness Study Act of 1977, Pub.L. No. 95-150, 91 Stat. 1243 (1977). The Association challenges a 2002 Travel Management Plan, as modified by a 2004 Winter Recreation Agreement and a summer use settlement agreement. Over a half-dozen different groups, representing environmentalists, recreationists, and industry, were parties to the Winter Agreement. In a truly unusual move, two of those groups, Montana Snowmobile Association and Montana Wilderness Association, which are often at odds with one another, both intervened in this appeal on behalf of the Forest Service.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . We will set aside the Forest Service’s decision under the Administrative Procedure Act only if it is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706 (2)(A); Lands Council v. McNair, 537 F.3d 981, 987 (9th…

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