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McFARLAND v. KEMPTHORNE

No. 06-36106.

545 F.3d 1106 (2008)

John James McFARLAND, Plaintiff-Appellant, v. Dirk KEMPTHORNE, in his capacity as Secretary of the Department of the Interior; Suzanne Lewis, in her capacity as Superintendent of Glacier National Park; United States of America; National Park Service, Defendants-Appellees, National Parks Conservation Association, Defendant-intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 2, 2008.

Attorney(s) appearing for the Case

Ronald W. Opsahl (briefed and argued), William P. Pendley (briefed), Mountain States Legal Foundation, Lakewood, CO, for the plaintiff-appellant.

William B. Lazarus (briefed), Elizabeth A. Peterson (briefed and argued), United States Department of Justice, Washington, D.C., for the defendants-appellees.

William J. Friedman (briefed), Charles H.P. Vance (briefed and argued), Covington & Burling LLP, Washington, D.C.; Jack R. Tuholske (briefed), Missoula, MT, for the defendant-intervenor-appellee.

Before: ARTHUR L. ALARCÓN, SUSAN P. GRABER, and JOHNNIE B. RAWLINSON, Circuit Judges.

RAWLINSON, Circuit Judge:

Appellant John J. McFarland (McFarland) contends that the district court erred in granting the defendants' motion for summary judgment. He asserts that he is entitled to an easement over Glacier Route 7 to access his property that is surrounded by Glacier National Park. Because McFarland cannot claim a common-law easement over federal land and because the National Park Service's (Park Service) denial of his permit request was neither arbitrary...

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