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ALPERN v. FEREBEE

No. 19-1086.

949 F.3d 546 (2020)

Thomas ALPERN, Plaintiff-Appellant, v. Brian FEREBEE, in his official capacity as the U.S. Forest Service Region 2 Acting Regional Forester; United States Forest Service, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED February 7, 2020.

Attorney(s) appearing for the Case

Kristine M. Akland of Akland Law Firm PLLC, Missoula, Montana ( Timothy M. Bechtold of Bechtold Law Firm PLLC, Missoula, Montana with her on the briefs), for Plaintiff-Appellant.

Corrine V. Snow , Attorney, Environment and Natural Resources Division ( Jeffrey Bossert Clark , Assistant Attorney General; Eric Grant , Deputy Assistant Attorney General; Robert J. Lundman , and Barclay T. Samford , Attorneys, Environment and Resources Division, with her on the brief), United States Department of Justice, Washington, D.C., for Defendant-Appellees.

Before LUCERO, PHILLIPS, and MORITZ, Circuit Judges.

Across this great country, visitors can enjoy a trip to one of our nation's beautiful national forests. Whether visitors must pay a fee as part of their trip is determined by the Federal Lands Recreation Enhancement Act (REA). This prescriptive statute details when the agencies that run and maintain our public lands can...

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