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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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