United States Ninth Circuit
River Runners for Wilderness v. Martin, 08-15112
In a petition for review of the National Park Service's decision to permit the continued use of motorized rafts and support equipment in Grand Canyon National Park, the petition is denied where: 1) certain Park Service policies challenged by plaintiffs did not prescribe substantive rules, nor were they promulgated in conformance with the procedures of the Administrative Procedure Act; and 2) a subsequent management plan was not arbitrary and capricious for failing to remove motorized uses in the Colorado River Corridor immediately.
Appellate Information
- Argued 06/10/2009
- Decided 02/01/2010
- Published 02/01/2010
Judges
- Before PROCTER HUG, JR., BETTY B. FLETCHER and MICHAEL DALY HAWKINS, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Julia A. Olson, Wild Earth Advocates, Eugene, OR, and Matthew K. Bishop, Western Environmental Law Center, Helena, MT, for the plaintiffs-appellants.
- For Appellees:
- Charles R. Scott, Attorney, United States Department of Justice, Washington, DC, for Federal appellees., Sam Kalen, Van Ness Feldman, PC, Washington, DC, for defendant-intervenor-appellee Grand Canyon River Outfitters Association., Lori Potter, Kaplan Kirsch & Rockwell LLP, Denver, CO, for defendant-intervenor-appellee Grand Canyon Private Boaters Association.