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SCHERER v. U.S. FOREST SERVICE

No. 10-1418.

653 F.3d 1241 (2011)

David P. SCHERER; John H. Licht; Mike Lopez; Barbara Brickley; and Aaron Johnson, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE; Glenn P. Casamassa, Forest Supervisor for Arapaho & Roosevelt National Forest; and David Gaouette, United States Attorney, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 9, 2011.

Attorney(s) appearing for the Case

Matt Kenna , Durango, CO, ( Mary Ellen Barilotti , Hood River, OR, with him on the briefs), for Plaintiffs-Appellants.

Nicholas A. DiMascio , Attorney, Environment & Natural Resources Division ( Ignacia S. Moreno , Assistant Attorney General; Andrew C. Mergen , Attorney, Environment & Natural Resources Division; and David C. Shilton , Attorney, Environment & Natural Resources Division, with him on the brief), United States Department of Justice, Washington, D.C., for Defendants-Appellees.

Before HARTZ, McKAY, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

Everyone enjoys a trip to the mountains in the summertime. One popular spot is Mount Evans — a fourteen thousand foot peak just a short drive from Denver and with a paved road that goes right to the summit. When the snow melts and the road thaws, the national forest around Mount Evans teems with hikers and sightseers eager to take in the breathtaking views. But first they have to stop and pay. That's because the Forest Service maintains...

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