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Ten Lakes Snowmobile Club et al v. United States Forest Service et al

Brief/Memorandum in Support re Cross MOTION for Summary Judgment and in Response to re Plaintiffs' Motion for Summary Judgment

77 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,057 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  2. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,205 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

  3. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,576 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

  4. Summers v. Earth Island Inst.

    555 U.S. 488 (2009)   Cited 3,022 times   12 Legal Analyses
    Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"

  5. Daimlerchrysler Corp. v. Cuno

    547 U.S. 332 (2006)   Cited 2,688 times   7 Legal Analyses
    Holding that an injury a plaintiff "suffers in some indefinite way in common with people generally" is not a cognizable injury-in-fact

  6. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,707 times   35 Legal Analyses
    Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"

  7. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,657 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

  8. Massachusetts v. Environmental Protection Agency

    549 U.S. 497 (2007)   Cited 1,165 times   97 Legal Analyses
    Holding that denials of petitions for rulemaking are judicially reviewable

  9. Marsh v. Oregon Natural Resources Council

    490 U.S. 360 (1989)   Cited 2,004 times   2 Legal Analyses
    Holding that courts must defer to the "informed discretion" of federal agencies where the agencies’ decisions require "a high level of technical expertise" (quoting Kleppe v. Sierra Club , 427 U.S. 390, 412, 96 S.Ct. 2718, 49 L.Ed.2d 576 (1976) )

  10. Robertson v. Methow Valley Citizens Council

    490 U.S. 332 (1989)   Cited 1,392 times   11 Legal Analyses
    Holding NEPA does not require a "worst case analysis"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,994 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,524 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,407 times   36 Legal Analyses
    Adopting the definition given in Section 551

  14. Section 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts

    42 U.S.C. § 4332   Cited 3,622 times   28 Legal Analyses
    Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment

  15. Section 4321 - Congressional declaration of purpose

    42 U.S.C. § 4321   Cited 3,502 times   30 Legal Analyses
    Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"

  16. Section 4331 - Congressional declaration of national environmental policy

    42 U.S.C. § 4331   Cited 698 times   3 Legal Analyses
    Recognizing "the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man," and declaring the federal government’s responsibility to "preserve important historic, cultural, and natural aspects of our national heritage"

  17. Section 1600 - Congressional findings

    16 U.S.C. § 1600   Cited 469 times   1 Legal Analyses
    Directing agency to specify guidelines for land management plans

  18. Section 1131 - National Wilderness Preservation System

    16 U.S.C. § 1131   Cited 251 times
    Recognizing agency's power to regulate wilderness area as the agency had been empowered prior to the designation as a wilderness area

  19. Section 528 - Development and administration of renewable surface resources for multiple use and sustained yield of products and services; Congressional declaration of policy and purpose

    16 U.S.C. § 528   Cited 236 times
    Requiring administration of National Forest System lands for multiple uses, including recreation

  20. Section 1133 - Use of wilderness areas

    16 U.S.C. § 1133   Cited 140 times
    Prohibiting "permanent road," "motor vehicles," and "motorized equipment" in wilderness areas "subject to existing private rights"

  21. Section 212.55 - Criteria for designation of roads, trails, and areas

    36 C.F.R. § 212.55   Cited 31 times

    (a)General criteria for designation of National Forest System roads, National Forest System trails, and areas on National Forest System lands. In designating National Forest System roads, National Forest System trails, and areas on National Forest System lands for motor vehicle use, the responsible official shall consider effects on National Forest System natural and cultural resources, public safety, provision of recreational opportunities, access needs, conflicts among uses of National Forest System

  22. Section 219.7 - New plan development or plan revision

    36 C.F.R. § 219.7   Cited 18 times   1 Legal Analyses
    Setting forth agency criteria for developing, amending, and revising forest plans

  23. Section 219.17 - Effective dates and transition

    36 C.F.R. § 219.17   Cited 17 times

    (a)Effective dates. (1) A plan or plan revision is effective 30 days after publication of notice of its approval. (2) Except as provided in paragraph (a)(3) of this section, a plan amendment for which an environmental impact statement (EIS) has been prepared is effective 30 days after publication of notice of its approval; a plan amendment for which an EIS has not been prepared is effective immediately. (3) A plan amendment that applies to only one specific project or activity is effective on the

  24. Section 293.6 - Commercial enterprises, roads, motor vehicles, motorized equipment, motorboats, aircraft, aircraft landing facilities, airdrops, structures, and cutting of trees

    36 C.F.R. § 293.6   Cited 7 times

    Except as provided in the Wilderness Act, subsequent legislation establishing a particular Wilderness unit, or §§ 294.2(b) , 294.2(c) , and 294.2(e) , paragraphs (c) and (d) of this section, and §§ 293.7 , 293.8 , and 293.12 through 293.16 , inclusive, and subject to existing rights, there shall be in National Forest Wilderness no commercial enterprises; no temporary or permanent roads; no aircraft landing strips; no heliports or helispots, no use of motor vehicles, motorized equipment, motorboats

  25. Section 294.23 - Road construction and reconstruction in Idaho Roadless Areas

    36 C.F.R. § 294.23   Cited 3 times

    (a)Wild Land Recreation, Special Areas of Historic or Tribal Significance, or Primitive. Road construction and reconstruction are prohibited in Idaho Roadless Areas designated as Wild Land Recreation, Special Areas of Historic or Tribal Significance, or Primitive. However, the Regional Forester may authorize a road to be constructed or reconstructed in an area designated as Wild Land Recreation, Special Area of Historic or Tribal Significance, or Primitive if pursuant to statute, treaty, reserved

  26. Section 219.50 - Purpose and scope

    36 C.F.R. § 219.50

    This subpart establishes a pre-decisional administrative review (hereinafter referred to as objection) process for plans, plan amendments, or plan revisions. This process gives an individual or entity an opportunity for an independent Forest Service review and resolution of issues before the approval of a plan, plan amendment, or plan revision. This subpart identifies who may file objections to a plan, plan amendment, or plan revision; the responsibilities of the participants in an objection; and