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URSACK, INC. v. SIERRA INTERAGENCY BLACK BEAR GROUP

No. 09-17152.

639 F.3d 949 (2011)

URSACK, INCORPORATED; Jacqueline Florine; Gary Fisher; Phoenix Vamvakias, Plaintiffs-Appellants, v. SIERRA INTERAGENCY BLACK BEAR GROUP; National Park Service; United States Forest Service; Sequoia and Kings Canyon National Parks; Craig Axtell, Superintendent, Yosemite National Park; Michael Tollefson, Superintendent, Inyo National Forest; Jim Church, Forest Supervisor, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 9, 2011.

Attorney(s) appearing for the Case

Thomas A. Cohen , Law Offices of Thomas A. Cohen, San Francisco, CA, for the plaintiffs-appellants.

Thekla Hansen-Young , Assistant Attorney General, U.S. Department of Justice, Environmental & Natural Resources Division, Washington, D.C., for the defendants-appellees.

Before: MARY M. SCHROEDER and SIDNEY R. THOMAS, Circuit Judges, and LYNN S. ADELMAN, District Judge.

OPINION

ADELMAN, District Judge:

The National Park Service and the United States Forest Service require backpackers who visit certain areas in the Sierras to store food in portable bear-resistant containers. Between 2001 and 2007, both the Park Service and the Forest Service required visitors to Yosemite National Park, Sequoia and Kings Canyon National Parks ("SEKI"), and the Inyo National Forest to use containers that had been tested and approved by the...

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