GARDNER v. U.S. BUREAU OF LAND MANAGEMENT

No. 09-35647.

638 F.3d 1217 (2011)

Fred GARDNER; and Concerned Citizens for Little Canyon Mountain, an Unincorporated Association, Plaintiffs-Appellants, v. UNITED STATES BUREAU OF LAND MANAGEMENT, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 7, 2011.


Attorney(s) appearing for the Case

Marianne Dugan , Eugene, OR, for the plaintiffs-appellants.

Nicholas DiMascio and Kathryn E. Kovacs , United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for the defendant-appellee.

Before: SUSAN P. GRABER and MILAN D. SMITH, JR., Circuit Judges, and ROGER T. BENITEZ, District Judge.


OPINION

M. SMITH, Circuit Judge:

Plaintiffs-Appellants Fred Gardner and Concerned Citizens for Little Canyon Mountain (sometimes collectively Gardner) brought suit for declaratory and injunctive relief pursuant to the Administrative Procedure Act (APA), 5 U.S.C. §§ 701-706, seeking to compel Defendant-Appellee United States Bureau of Land Management (BLM) to prohibit off-road vehicle use of Oregon's Little...

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