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WILD WILDERNESS v. ALLEN

No. 14-35505.

871 F.3d 719 (2017)

WILD WILDERNESS; Winter Wildlands Alliance; Bend Backcountry Alliance, Plaintiffs-Appellants, v. John ALLEN, Forest Supervisor of the Deschutes National Forest; United States Forest Service, a federal agency, Defendants-Appellees, and Oregon State Snowmobile Association; American Council Of Snowmobile Associations; Ken Roadman; Elk Lake Resort, Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2017.

Attorney(s) appearing for the Case

COUNSEL Thomas C. Buchele (argued), Earthrise Law Center, Portland, Oregon; Lauren Marie Rule (argued), Advocates for the West, Portland, Oregon; for Plaintiffs-Appellants.

Sean Edward Martin (argued), Assistant United States Attorney; Kelly A. Zusman , Appellate Chief; Billy J. Williams , United States Attorney; United States Attorney's Office, Portland, Oregon; for Defendants-Appellees.

Paul A. Turcke (argued), Moore Smith Buxton & Turcke, Boise, Idaho, for Intervenor-Defendants-Appellees.

Before: Sidney R. Thomas, Chief Judge, and Richard R. Clifton and Jacqueline H. Nguyen, Circuit Judges.

OPINION

Winter recreation has become increasingly popular in the Deschutes National Forest in Central Oregon, exacerbating parking shortages and on-snow user conflicts between motorized and non-motorized recreationalists. In 2012, the National Forest Service approved the building of Kapka Sno-Park, a parking lot...

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