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AMERICAN WHITEWATER v. TIDWELL

Nos. 13-1960, 13-2016, 13-2017.

770 F.3d 1108 (2014)

AMERICAN WHITEWATER; American Canoe Association; Georgia Canoeing Association; Atlanta Whitewater Club; Foothills Paddling Club; Western Carolina Paddlers; Joseph C. Stubbs; Bruce A. Hare; Kenneth L. Strickland, Plaintiffs-Appellants, v. Thomas TIDWELL, in his official capacity as Chief of the United States Forest Service; United States Forest Service, an agency of the United States Department of Agriculture; Thomas J. Vilsack, in his official capacity as Secretary of the United States Department of Agriculture; United States Department of Agriculture, Defendants-Appellees, and Elizabeth Agpaoa, Regional Forester Southern Region United States Forest Service; Monica J. Schwalbach, Acting Forest Supervisor Francis Marion and Sumter National Forests; Marisue Hillard, Forest Supervisor National Forests in North Carolina; George M. Bain, Forest Supervisor Chattahoochee-Oconee National Forests, Defendants, Richard Rust; Henry Rust; Goodenow LLC; Georgia ForestWatch, Intervenors-Appellees. American Whitewater; American Canoe Association; Georgia Canoeing Association; Atlanta Whitewater Club; Foothills Paddling Club; Western Carolina Paddlers; Joseph C. Stubbs; Bruce A. Hare; Kenneth L. Strickland, Plaintiffs-Appellees, v. Thomas Tidwell, in his official capacity as Chief of the United States Forest Service; United States Forest Service, an agency of the United States Department of Agriculture; Thomas J. Vilsack, in his official capacity as Secretary of the United States Department of Agriculture; United States Department of Agriculture; Elizabeth Agpaoa, Regional Forester Southern Region United States Forest Service; Monica J. Schwalbach, Acting Forest Supervisor Francis Marion and Sumter National Forests; Marisue Hillard, Forest Supervisor National Forests in North Carolina; George M. Bain, Forest Supervisor Chattahoochee-Oconee National Forests, Defendants, Georgia ForestWatch, Intervenor, and Richard Rust; Henry Rust; Goodenow LLC, Intervenors-Appellants. American Whitewater; American Canoe Association; Georgia Canoeing Association; Atlanta Whitewater Club; Foothills Paddling Club; Western Carolina Paddlers; Joseph C. Stubbs; Bruce A. Hare; Kenneth L. Strickland, Plaintiffs-Appellees, v. Thomas Tidwell, in his official capacity as Chief of the United States Forest Service; United States Forest Service, an agency of the United States Department of Agriculture; Thomas J. Vilsack, in his official capacity as Secretary of the United States Department of Agriculture; United States Department of Agriculture; Elizabeth Agpaoa, Regional Forester Southern Region United States Forest Service; Monica J. Schwalbach, Acting Forest Supervisor Francis Marion and Sumter National Forests; Marisue Hillard, Forest Supervisor National Forests in North Carolina; George M. Bain, Forest Supervisor Chattahoochee-Oconee National Forests, Defendants, Richard Rust; Henry Rust; Goodenow LLC, Intervenors, and Georgia ForestWatch, Intervenor-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 5, 2014.

Attorney(s) appearing for the Case

ARGUED: James Nathan Galbreath , Nelson Galbreath, LLC, Greenville, South Carolina, for Appellants/Cross-Appellees. Rachel Susanna Doughty , Greenfire Law, Berkeley, California; Richard Stephen Doughty , Hendersonville, Tennessee; Nina C. Robertson , United States Department of Justice, Washington, D.C., for Appellees/Cross-Appellants. ON BRIEF: R. Brian Hendrix , Collin O'Connor Udell , Jackson Lewis LLP, Reston, Virginia; Cecil H. Nelson, Jr. , Nelson Galbreath, LLC, Greenville, South Carolina, for Appellants/Cross-Appellees. Robert G. Dreher , Acting Assistant Attorney General, John P. Tustin , Ellen J. Durkee , Appellate Section, Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; John H. Douglas , Office Of The United States Attorney, Charleston, South Carolina; Matthew A. Tilden , United States Department of Agriculture, Washington, D.C., for Appellees/Cross-Appellants. D. Kent Safriet , Mohammad O. Jazil , Hopping Green & Sams, P.A., for Intervenors-Appellees/Cross-Appellants Richard Rust, Henry Rust, and Goodenow LLC. Alexander M. Bullock , Kilpatrick Townsend & Stockton, Washington, D.C., for Intervenor-Appellee/Cross-Appellant Georgia ForestWatch.

Affirmed by published opinion. Judge HARRIS wrote the opinion, in which Judge KING and Senior Judge HAMILTON joined.

PAMELA HARRIS, Circuit Judge:

In 1974, Congress selected the 57 miles of the Chattooga River (the "Chattooga" or the "River") and 15,432 acres of adjacent land for preservation under the Wild and Scenic Rivers Act (the "WSRA" or the "Act"), 16 U.S.C. § 1274 et seq. (2006). Since then, the United States Forest Service (the "Forest Service") has managed the Chattooga under the WSRA.

Prior to 2012, longstanding Forest Service policy allowed non-motorized...

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