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BLACK v. ARTHUR

Nos. 98-36044, 98-36046.

201 F.3d 1120 (2000)

Alexis BLACK, Plaintiff, and Brian Michaels; Barry Adams, Plaintiffs-Appellants, v. Russel ARTHUR, an individual and in his official capacity as Special Agent Law Enforcement Officer of the Forest Service of the United States Department of Agriculture; John Carpenter, an individual and in his official capacity as Special Agent Law Enforcement Officer of the Forest Service of the United States Department of Agriculture; United States Forest Service, United States Department of Agriculture, Defendants-Appellees. Alexis Black; Carla Newbre; John Johnson; Susan Bernstein, Plaintiffs-Appellants, and Brian Michaels; Barry Adams, Plaintiffs, v. Russel Arthur, an individual and in his official capacity as Special Agent Law Enforcement Officer of the Forest Service of the United States Department of Agriculture; John Carpenter, an individual and in his official capacity as Special Agent Law Enforcement Officer of the Forest Service of the United States Department of Agriculture; United States Forest Service, United States Department of Agriculture, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 9, 2000.

Attorney(s) appearing for the Case

Reed Lee, JD Obengerger and Associates, Chicago, Illinois, for plaintiffs-appellants Black, et al.

Brian Michaels, Eugene, Oregon, for plaintiffs-appellants Michaels, et al. Howard S. Scher, United States Department of Justice, Washington, D.C., for the defendants-appellees.

Before: ALDISERT, KLEINFELD, and W. FLETCHER, Circuit Judges.

W. FLETCHER, Circuit Judge:

Appellants argue that a United States Forest Service regulation requiring group use permits for use of National Forest lands is unconstitutional. Our recent decision in United States v. Linick, 195 F.3d 538 (9th Cir.1999), holding that the regulation in question is not unconstitutionally overbroad, forecloses part of their argument. It does not foreclose, however, other arguments, including appellants...

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