FRIENDS OF BOUNDARY WATERS v. BOSWORTH

Nos. 04-3629, 04-3632.

437 F.3d 815 (2006)

FRIENDS OF THE BOUNDARY WATERS WILDERNESS; Sierra Club; Superior Wilderness Action Network; American Lands Alliance, Minnesota Canoe Association, American Canoe Association, Minnesotans for Responsible Recreation, Plaintiffs/Appellees, v. Dale N. BOSWORTH, Chief of the United States Forest Service; Mike Johanns, Secretary of Agriculture, Defendants/Appellants, Conservationists with Common Sense; Ely Outfitters Association; Gunflint Trail Outfitters Association; Seagull-Saganaga Homeowners Association, Intervenor Defendants/Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: February 15, 2006.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants was Katherine W. Hazard with the DOJ, Environment & Natural Resources Division, Washington, DC. Also appearing on the brief were David R. Oberstar and Joan D. Humes, AUSA.

Counsel who presented argument on behalf of the appellees was Colette Routel of Minneapolis, MN. Also appearing on the brief were Brian B. O'Neill, Richard A. Duncan and Elizabeth H. Schmiesing.

Before BYE, HEANEY, and COLLOTON, Circuit Judges.


BYE, Circuit Judge.

The defendants and intervenor defendants, collectively referred to as the United States Forest Service (USFS), appeal the district court's grant of summary judgment to the plaintiffs, collectively referred to as the Friends of the Boundary Waters (Friends). Specifically, the USFS appeals the district court's ruling the USFS did not have authority to recalculate the average actual annual motorboat use during 1976-78 within certain lake chains of...

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