United States Ninth Circuit
Wilderness Watch, Inc. v. US Fish & Wildlife Serv., 08-17406
In an action claiming that the Forest Service's actions in building water stations in a bighorn sheep habitat violated the express prohibition on the development of structures in the Wilderness Act, summary judgment for defendants is reversed where a generic finding of necessity by the Service did not suffice, because the Service was required to make a finding that the structures were "necessary" to meet the minimum requirements for the administration of the area for the purpose of conserving bighorn sheep.
Appellate Information
- Decided 12/21/2010
- Published 12/21/2010
Judges
- Susan P. Graber
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Peter M.K. Frost, Justin R. Pidot