United States Ninth Circuit

In an action challenging the Forest Service's failure to close a road through a recreation area to motorized vehicle travel, summary judgment for defendant is affirmed where: 1) as to their claim that the Forest Service lost a map of the wilderness area, plaintiffs did not suffer a cognizable Article III injury, because the loss of the map was not redressable; 2) the Forest Service's publication of a boundary description started the statute of limitations on plaintiffs' boundary claim, and their claim was thus untimely; and 3) plaintiffs failed to identify "an ongoing failure to act" by defendant, and thus failed to state a claim under section 706(1) of the Administrative Procedure Act.

Appellate Information

• Argued 12/11/2008
• Decided 01/25/2010
• Published 01/25/2010

Judges

• Before DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Brett E. Brownscombe (argued), Portland, OR; William H. Sherlock, Hutchinson, Cox, Coons, Dupriest, Orr & Sherlock, P.C., Eugene, OR, for the plaintiffs-appellants.


• For Appellees:
  
• Mark R. Haag, United States Department of Justice, Washington, D.C., for the defendant-appellee.