United States Ninth Circuit

In a dispute over property owners' right of access over a national forest road and a proposed statutory easement by the Forest Service providing them with access over the road, summary judgment for the Forest Service is affirmed as the Federal Land Policy Management Act (FLPMA) vests the Secretary of Agriculture with the authority to regulate access over a national forest, and the FLPMA easement offered to plaintiffs, who hold no common law easements over the forest service land, was a reasonable exercise of that authority.

Appellate Information

• Argued 04/04/2006
• Decided 08/30/2006
• Published 08/30/2006

Judges

• CALLAHAN, Circuit Judge:, Before: BERZON, RAWLINSON, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Joel Spector (argued) and Alison Roberts (on the briefs), Mountain States Legal Foundation, Lakewood, CO, for the plaintiff-appellant.


• For Appellees:
  
• Matthew J. Sanders, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the defendants-appellees.