Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Gaye Adams, Greg Lewis, Daniel v. United States Forest Service

February 9, 2012

GAYE ADAMS, GREG LEWIS, DANIEL PATTERSON, AND CHRISTINE M. WALLACE, PLAINTIFFS-APPELLANTS,
v.
UNITED STATES FOREST SERVICE, JEANINE DERBY, FOREST SUPERVISOR FOR CORONADO NATIONAL FOREST, AND ANN BIRMINGHAM SCHEEL, ACTING UNITED STATES ATTORNEY FOR THE DISTRICT OF ARIZONA, DEFENDANTS-APPELLEES.



On Appeal from the United States District Court for the District of Arizona Raner C. Collins, District Judge, Presiding D.C. No. 4:08-CV-00283-RCC

The opinion of the court was delivered by: Gettleman, District Judge:

FOR PUBLICATION

OPINION

Argued and Submitted November 15, 2011-San Francisco, California

Before: Alex Kozinski, Chief Judge, Carlos T. Bea, Circuit Judge, and Robert W. Gettleman, District Judge.*fn1

Opinion by Judge Gettleman

OPINION

The Federal Lands Recreation Enhancement Act ("REA") prohibits the United States Forest Service from charging fees "[s]olely for parking, undesignated parking, or picnicking along roads or trailsides," for "hiking through . . . without using the facilities and services," and "[f]or camping at undeveloped sites . . . ." 16 U.S.C. § 6802(d)(1)(A), (D) & (E). Despite these clear prohibitions, the Forest Service collects fees from all drivers who park their vehicles in a mile-wide piece of the Coronado National Forest running along the 28-- mile Catalina Highway, the only paved road to the summit of Mount Lemmon, a heavily used recreational area an hour's drive from downtown Tucson, Arizona.

Four recreational visitors sued,*fn2 seeking a declaration that the Forest Service was exceeding the scope of its authority under the REA by charging fees to those who drive to Mount Lemmon, park their cars, then picnic, hike, or camp in nearby undeveloped areas. Plaintiffs also sought to enjoin the Forest Service from collecting such fees. The district court granted defendants' Rule 12(b)(6) motion to dismiss. Plaintiffs appealed. Because plaintiffs are correct that the Forest Service's fee structure contravenes the plain language of the REA, we reverse the district court's dismissal of Count I*fn3 and remand to allow plaintiffs to pursue that claim.

BACKGROUND*fn4

[1] Everyone is entitled to enter national forests without paying a cent. 16 U.S.C. § 6802(e)(2) ("The Secretary shall not charge an entrance fee for Federal recreational lands . . . managed by . . . the Forest Service."). The Forest Service may, however, charge a "standard amenity recreation fee" in an "area":

(A) that provides significant opportunities for outdoor recreation;

(B) that has substantial Federal investments;

(C) where fees can be efficiently collected; and

(D) that contains all of the following ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.