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PUBLIC LANDS FOR PEOPLE v. DEPT. OF AGRICULTURE

No. 11-15007.

697 F.3d 1192 (2012)

PUBLIC LANDS FOR THE PEOPLE, INC., a California 501 C-3, non-profit corporation; Gerald E. Hobbs; Bryan Bunting; Hillarie Bunting; Steve Wandt; Gene E. Bailey; Richard Nuss; Randy Burleson, individuals, Plaintiffs-Appellants, v. UNITED STATES DEPARTMENT OF AGRICULTURE; United States Forest Service; Tom Vilsack, in his official capacity as Secretary of Agriculture; Tom Tidwell, in his official capacity as Chief Forester of the USDA Forest Service; Randy Moore, in his official capacity as Regional Forester USDA Forest Service Regional Office R5; Ramiro Villalvazo, in his official capacity as Forest Supervisor of the El Dorado National Forest, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 26, 2012.

Attorney(s) appearing for the Case

David Young (argued), Law Offices of David Young, Los Angeles, CA, for the plaintiffs-appellants.

Ignacia S. Moreno , Assistant Attorney General, David C. Shilton (argued), Andrew C. Mergen , and Jason A. Hill , Attorneys United States Department of Justice, Environment & Natural Resources Division, Washington, DC; Thomas K. Snodgrass , Attorney United States Department of Justice, Environmental Defense Section, Denver, CO, for the defendants-appellees.

Before: ALEX KOZINSKI, Chief Judge, M. MARGARET McKEOWN and N. RANDY SMITH, Circuit Judges.

OPINION

McKEOWN, Circuit Judge:

The Wild West has long conjured up images of prospectors with pack mules and pickaxes foraging for gold. The oft-romanticized ways of the Wild West eventually modernized and gave way to prospecting with the aid of motor vehicles and heavy machinery. The United States Forest Service (the "Forest Service"), an arm of the Department of Agriculture, recently limited the use of motor vehicles to certain roads in the century-old...

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