SILVERTON SNOWMOBILE CLUB v. U.S. FOREST SERVICE

No. 05-1005.

433 F.3d 772 (2006)

THE SILVERTON SNOWMOBILE CLUB, on behalf of its members; The Colorado Snowmobile Association, on behalf of its members; Colorado Off-Highway Vehicle Coalition, on behalf of its members, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE; Rick D. Cables, in his official capacity as Regional Forester, Region 2, U.S. Forest Service; Mark Stiles, in his official capacity as Forest Supervisor, San Juan National Forest, U.S. Forest Service; Pauline Ellis, in her official capacity as District Ranger, Columbine Ranger District, San Juan National Forest, U.S. Forest Service, and as Field Office Manager, San Juan Field Office, the U.S. Bureau of Land Management; United States Bureau of Land Management; Ron Wenker, in his official capacity as Colorado State Director, U.S. Bureau of Land Management, Defendants-Appellees, San Juan Citizens Alliance and Colorado Mountain Club, Defendants-Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

January 12, 2006.


Attorney(s) appearing for the Case

Paul A. Turcke, Moore Smith Buxton & Turcke, Chartered, Boise, ID (D. Andrew Wight, Colorado Off-Highway Vehicle Coalition, Denver, CO, with him on the briefs) for Plaintiffs-Appellants.

Matthew J. Sanders, United States Department of Justice, Environment & Natural Resources Division, Washington, DC (Lois Witte, Of Counsel, Office of General Counsel, United States Department of Agriculture, Golden, CO; John Kunz, Of Counsel, Office of the Regional Solicitor, United States Department of the Interior, Lakewood, CO; Kelly A. Johnson, Acting Assistant Attorney General, Denver, CO; William J. Leone, Acting United States Attorney, Denver, CO; Jerry N. Jones and Mark S. Pestal, Assistant United States Attorneys, Denver, CO; and Todd S. Aagaard, Attorney, United States Department of Justice, Environment & Natural Resources Division, Washington, DC, with him on the briefs) for Federal Defendants-Appellees.

Amelia S. Whiting, Western Resource Advocates, Boulder, CO (Michael Chiropolos, Western Resource Advocates, Boulder, CO; and Jeffrey C. Parsons, Lyons, CO, with her on the briefs) for Defendants-Intervenors-Appellees.

Before HENRY, ANDERSON, and O'BRIEN, Circuit Judges.


STEPHEN H. ANDERSON, Circuit Judge.

This case involves an environmental law challenge to actions by various federal agencies regarding changes in winter recreational access to an area, known as the Molas Pass area, near Highway 550 in Colorado. The district court ruled in favor of the agencies on all claims.

More particularly, plaintiffs Silverton Snowmobile Club ("SSC"), the Colorado Snowmobile Association ("CSA") and the Colorado Off-Highway Vehicle Coalition...

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