Public Lands For The People, Inc. v. United States Department Of Agricultur

697 F.3d 1192 (9th Cir. 2012)

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Nature of the Case

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Facts

D published a Notice of Intent to propose prohibitions on motor vehicle use in the ENF, held public meetings, and circulated for public comment a draft environmental impact statement on proposed travel management in the ENF. The Final Environmental Impact Statement (FEIS), recognized that if prohibitions on motor vehicle use were adopted, miners and prospectors would need to obtain permission, through a Notice of Intent or Plan of Operations, to use motor vehicles in areas where no such permission restriction existed before. The FEIS explicitly acknowledged that restrictions on motorized vehicle use in areas with likely mineral resources 'may have the effect of reducing access for prospecting or exploration, with the subsequent effect of a reduction of discovery of new mineral resource commodities.' The 2008 Decision specifically limits motor vehicle use by the public while concurrently disallowing motor vehicle use on 502,000 acres of previously open forest land. Ps are people who wish to use motor vehicles to pursue mining or prospecting activities in the ENF. Some of the individuals claim existing mining rights within the ENF, while others simply anticipate prospecting for minerals. Ps claim that D is without authority to restrict their motor vehicle use and that the Forest Service 'acted arbitrarily and capriciously by requiring that entry onto roads and rights of way previously open. Ps sued D, and Ps’ case was dismissed.