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Fragosa v. Moore

United States District Court, C.D. California, Eastern Division

April 28, 2014

RICHARD FRAGOSA, et al., Plaintiffs,
v.
RANDY MOORE, et al., Defendants

For Richard Fragosa, Peter Wiechers, Alasdair Coyne, John Karevoll, Plaintiffs: Matt G Kenna, LEAD ATTORNEY, PRO HAC VICE, Public Interest Conservation Law, Durango, CO; Douglas Philip Carstens, Michelle Nicole Black, Chatten-Brown and Carstens LLP, Hermosa Beach, CA; Rene Peter Voss, Rene Voss Attorney at Law, San Anselmo, CA.

For Randy Moore, in his official capacity as Regional Forester for the S.W. Region of the U S Forest Service, United States Forest Service, Defendants: Alison D Garner, LEAD ATTORNEY, United States Department of Justice, Washington, DC.

OPINION

Page 986

Order

Terry J. Hatter, Jr., Senior United States District Judge.

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

Page 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:

Except as limited by subsection (d) of this section, the Secretary may charge a standard amenity recreation fee for Federal recreational lands and waters under the jurisdiction of the Bureau of Land Management, the Bureau of Reclamation, or the Forest Service, but only at the following:
(4) An area --
(A) that provides significant opportunities for ...

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