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HERR v. U.S. FOREST SERVICE

No. 16-2126.

865 F.3d 351 (2017)

David A. HERR; Pamela F. Herr, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE; Sonny Perdue, Secretary of Agriculture; Tom Tidwell, Chief of the United States Forest Service; Kathleen Atkinson, Regional Forester for the Eastern Region of the United States Forest Service; Linda Jackson, Forest Supervisor, Ottawa National Forest; Tony Holland, District Ranger, Watersmeet-Iron River Ranger Districts, Defendants-Appellees, SWC, LLC; Timothy A. Schmidt; Friends of Sylvania; Upper Peninsula Environmental Coalition, Intervenors-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 26, 2017.

Attorney(s) appearing for the Case

ARGUED: Steven J. Lechner , MOUNTAIN STATES LEGAL FOUNDATION, Lakewood, Colorado, for Appellants. Mark R. Haag , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. Howard A. Learner , ENVIRONMENTAL LAW & POLICY CENTER, Chicago, Illinois, for Intervenors. ON BRIEF: Steven J. Lechner , MOUNTAIN STATES LEGAL FOUNDATION, Lakewood, Colorado, for Appellants. Mark R. Haag , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. Howard A. Learner , ENVIRONMENTAL LAW & POLICY CENTER, Chicago, Illinois, Robert L. Graham , JENNER & BLOCK, LLP, Chicago, Illinois, for Intervenors.

SUTTON, J., delivered the opinion of the court in which ZOUHARY, D.J., joined. DONALD, J. (pp. 359-61), delivered a separate dissenting opinion.

OPINION

David and Pamela Herr bought lakefront property on Crooked Lake in the Upper Peninsula of Michigan, hoping to use the lake's waters for recreational boating and fishing. The United States Forest Service had other plans. Most of Crooked Lake lies in the federally owned Sylvania Wilderness yet some of it remains...

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