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COLORADO OFF HIGH. VEH. COAL. v. U.S. FOREST SERV.

No. 02-1536.

357 F.3d 1130 (2004)

The COLORADO OFF-HIGHWAY VEHICLE COALITION, Plaintiff-Appellant, v. UNITED STATES FOREST SERVICE; Daniel Glickman, Secretary of Agriculture; Michael P. Dombeck, Chief of the United States Forest Service; Lyle Laverty, Regional Forester for Region II; Jerry Schmidt, Forest Supervisor for the Medicine Bow-Routt National Forest, Defendants-Appellees, and The Wilderness Society, Colorado Mountain Club; Colorado Wild, Inc.; and Wildlands Center for Preventing Roads, Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

February 4, 2004.

Attorney(s) appearing for the Case

Submitted on the Briefs* D. Andrew Wight, Denver, Colorado, for Plaintiff-Appellant.

John W. Suthers, United States Attorney, and Nina Y. Wang, Assistant United States Attorney, Denver, Colorado, for Defendants-Appellees.

James S. Angell, Denver, Colorado, for Intervenors-Appellees.

Before TACHA, BALDOCK, and McCONNELL, Circuit Judges.

BALDOCK, Circuit Judge.

Defendant United States Forest Service (USFS) issued a Decision Notice in October 1997 limiting cross-country off-road vehicle (ORV) use to designated roads and trails in roughly 217,184 acres of the Routt National Forest (disputed area).1 Plaintiff Colorado Off-Highway Vehicle Coalition appealed the 1997 Decision Notice to the USFS Regional Forester. The Regional Forester upheld the decision. Plaintiff then sought...

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