United States Ninth Circuit

In a challenge to the United States Forest Service's charging of fees to persons who drive to Mount Lemmon near Tucson, park their cars, then picnic, hike, or camp in nearby undeveloped areas, the district court's dismissal of the claim is reversed, where the Forest Service’s fee structure at Mount Lemmon did not comport with the Federal Lands Recreation Enhancement Act's express prohibition on charging fees for parking and then hiking without using the facilities and services, camping in undeveloped areas, or picnicking on roads or trailsides.

Appellate Information

• Decided 02/09/2012
• Published 02/09/2012

Judges

• Gettleman

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Matt Kenna, Nicholas A. DiMascio