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PRICE v. GARLAND

No. 21-5073.

45 F.4th 1059 (2022)

Gordon M. PRICE, Appellee v. Merrick B. GARLAND, in his official capacity as Attorney General of the United States of America, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 23, 2022.

Attorney(s) appearing for the Case

Joseph F. Busa , Attorney, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Brian M. Boynton , Acting Assistant Attorney General, Michael S. Raab and Joshua M. Salzman , Attorneys.

Robert Corn-Revere argued the cause for appellee. With him on the brief was Patrick J. Curran Jr.

Glenn E. Roper was on the brief for amici curiae Pacific Legal Foundation and Anthony Barilla in support of appellee.

Mickey H. Osterreicher and Alicia Wagner Calzada were on the brief for amici curiae National Press Photographers Association, et al. in support of appellee.

Dissenting opinion filed by Circuit Judge Tatel.

Gordon Price is an independent filmmaker. He filmed parts of a feature film on land administered by the National Park Service (NPS) without having obtained the requisite permit and having paid the requisite fee. The Government charged him with a misdemeanor but later dismissed the charge. Price then sued for declaratory...

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