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ADAMS v. U.S. FOREST SERVICE

No. 10-16711.

671 F.3d 1138 (2012)

Gaye ADAMS, Greg Lewis, Daniel Patterson, and Christine M. Wallace, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE, Jeanine Derby, Forest Supervisor for Coronado National Forest, and Ann Birmingham Scheel, Acting United States Attorney for the District of Arizona, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 9, 2012.

Attorney(s) appearing for the Case

Matt Kenna (argued), Public Interest Environmental Law, Durango, CO, and Mary Ellen Barilotti, Hood River, OR, for the appellants.

Ignacia S. Moreno, Assistant Attorney General, and Andrew C. Mergen, David C. Shilton, and Nicholas A. DiMascio (argued), United States Department of Justice, Environmental and Natural Resources Division, Washington, DC, for the appellees.

Before: ALEX KOZINSKI, Chief Judge, CARLOS T. BEA, Circuit Judge, and ROBERT W. GETTLEMAN, District Judge.

OPINION

GETTLEMAN, District Judge:

The Federal Lands Recreation Enhancement Act ("REA") prohibits the United States Forest Service from charging fees "[s]olely for parking, undesignated parking, or picnicking along roads or trailsides," for "hiking through ... without using the facilities and services," and "[f]or camping at undeveloped sites. ..." 16 U.S.C. § 6802(d)(1)(A), (D) & (E). Despite these clear prohibitions, the Forest Service collects...

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