STRAWBERRY WATER USERS ASS'N v. UNITED STATES

No. 23-4068.

109 F.4th 1287 (2024)

STRAWBERRY WATER USERS ASSOCIATION, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED July 30, 2024.


Attorney(s) appearing for the Case

Quentin M. Rhoades, Rhoades & Erickson PLLC, Missoula, Montana for Plaintiff-Appellant Strawberry Water Users Association.

Amanda A. Berndt and Nathan Jack (joined by Trina A. Higgins on the brief), United States Attorney for the District of Utah, Salt Lake City, Utah for Defendant-Appellee United States of America.

Before HARTZ, BACHARACH, and ROSSMAN, Circuit Judges.


The issue on appeal is whether the discretionary-function exception to liability under the Federal Tort Claims Act (FTCA) applies to the United States Forest Service's alleged mismanagement of two wildfires ignited on public lands. The district court held that the exception applied and therefore it was stripped of jurisdiction...

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