ARK INITIATIVE v. TIDWELL

No. 14-5259.

816 F.3d 119 (2016)

ARK INITIATIVE, et al., Appellants v. Thomas L. TIDWELL, Chief, U.S. Forest Service, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 8, 2016.


Attorney(s) appearing for the Case

William S. Eubanks II argued the cause for appellants. With him on the briefs was Eric R. Glitzenstein .

James Maysonett , Attorney, U.S. Department of Justice, argued the cause for federal appellees. With him on the brief was John C. Cruden , Assistant Attorney General. Katherine J. Barton , Attorney, entered an appearance.

Ezekiel J. Williams and Steven K. Imig were on the brief for intervenor-appellee Aspen Skiing Company.

Cynthia H. Coffman , Attorney General, Office of the Attorney General for the State of Colorado, Federick R. Yarger , Solicitor General, Casey A. Shpall , Deputy Attorney General, and Scott Steinbrecher , Assistant Solicitor General, were on the brief for amicus curiae the State of Colorado in support of appellee.

John M. Bowlin and David S. Neslin were on the brief for amicus curiae Colorado Ski Country USA, Inc. in support of defendant-appellees and intervenor-appellee.

Opinion for the Court filed by Circuit Judge PILLARD.


The U.S. Forest Service in the Department of Agriculture generally prohibits road building and timber cutting on its inventoried "roadless" national forest lands. Responding to a petition by the State of Colorado, in 2012 the Service promulgated a rule adopting State-specific standards...

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