SIMMONS v. SMITH

No. 16-3899.

888 F.3d 994 (2018)

Lee M. SIMMONS, Plaintiff-Appellant v. Paul Daniel SMITH, in his official capacity as Acting Director of the National Park Service; Ryan Zinke, in his official capacity as Secretary of the United States Department of the Interior; United States of America, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 30, 2018.


Attorney(s) appearing for the Case

Dwyer Arce , Brian C. Buescher , Bartholomew L. McLeay , KUTAK & ROCK, Omaha, NE, for Plaintiff-Appellant.

Robert Homan , Assistant U.S. Attorney, Lynnett Wagner , U.S. ATTORNEY'S OFFICE, District of Nebraska, Omaha, NE, Evelyn S. Ying , U.S. DEPARTMENT OF JUSTICE, Environment & Natural Resources Division, Appellate Section, Washington, DC, for Defendants-Appellees.

Before BENTON, SHEPHERD, and KELLY, Circuit Judges.


Lee M. Simmons appeals the decision of the district court2 granting summary judgment in favor of the National Park Service (NPS). Simmons argues that NPS violated § 706 of the Administrative Procedure Act (APA), 5 U.S.C. § 706, in establishing the boundaries of the Niobrara Scenic River...

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