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U.S. v. 0.95 ACRES OF LAND

Nos. 91-35922, 91-35923.

994 F.2d 696 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. 0.95 ACRES OF LAND et al., Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellant, v. 12.84 ACRES OF LAND et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 1, 1993.

As Amended July 8, 1993.

Attorney(s) appearing for the Case

Ellen J. Durkee, Environment & Natural Resources Div., U.S. Dept. of Justice, Washington, DC, for plaintiff-appellant.

Constance E. Brooks, Denver, CO, for defendants-appellees.

Before: SKOPIL, ALARCON and BEEZER, Circuit Judges.

BEEZER, Circuit Judge:

This case presents us with a question of jurisdiction disguised as an environmental claim. The United States Forest Service commenced two takings actions in federal district court. To prevent the taking of their land, landowners invoked the National Environmental Policy Act, 42 U.S.C. § 4321 et seq. ("NEPA"), as a defense to condemnation. The landowners claimed that the change in land title was a major federal action requiring full...

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