Hells Canyon Preservation Council v. United States Forest Service

593 F.3d 923, 40 Envtl. L. Rep. (Envtl. Law Inst.) 20023, 2010 U.S. App. LEXIS 1523, 2010 WL 252333
CourtCourt of Appeals for the Ninth Circuit
DecidedJanuary 25, 2010
Docket07-35456
StatusPublished
Cited by80 cases

This text of 593 F.3d 923 (Hells Canyon Preservation Council v. United States Forest Service) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hells Canyon Preservation Council v. United States Forest Service, 593 F.3d 923, 40 Envtl. L. Rep. (Envtl. Law Inst.) 20023, 2010 U.S. App. LEXIS 1523, 2010 WL 252333 (9th Cir. 2010).

Opinions

[926]*926Opinion by Judge BYBEE; Partial Concurrence and Partial Dissent by Judge GARBER.

BYBEE, Circuit Judge:

Plaintiffs-Appellants Hells Canyon Preservation Council and The Wilderness Society (collectively, “HCPC” or “plaintiffs”) brought suit against the United States Forest Service (“Forest Service” or “Service”), seeking a judgment declaring: (1) that the Forest Service has failed to retain the original map of the Wilderness in violation of the Hells Canyon National Recreation Area Act, 16 U.S.C. § 460gg(b); (2) that the Forest Service’s description of the wilderness boundary is arbitrary and capricious in violation of 5 U.S.C. § 706(2)(A); and (3) that the Forest Service’s failure to close the Lord Flat Trail to motorized vehicle use is an “agency action unlawfully withheld or unreasonably delayed” under 5 U.S.C. § 706(1). Plaintiffs also seek an injunction to close the Lord Flat Trail to motorized vehicle use. The district court held that each of plaintiffs’ claims was barred by the Administrative Procedure Act’s (“APA’s”) six-year statute of limitations. Although we rely on different reasoning, we affirm the judgment of the district court.

I

Stretching across 214,944 acres, the Hells Canyon Wilderness straddles the state boundary between Oregon and Idaho. The Snake River winds along the same boundary, creating two distinct regions of the Wilderness: one side, in Idaho, consists of towering peaks and rock-faced slopes; the other side, slightly larger, in Oregon, exhibits expanses of grassland dotted with Douglas fir trees and free-flowing creeks.1

“To assure that the natural beauty and historical and archeological values of the Hells Canyon area ... are preserved for this and future generations,” Congress passed the Hells Canyon National Recreation Area Act (“Hells Canyon Act” or “Act”) in 1975. Pub.L. No. 94-199, 89 Stat. 1117 (1975) (codified at 16 U.S.C. §§ 460gg-460gg-13). The Act established the Hells Canyon National Recreation Area (“Hells Canyon Area”), id. § 460gg(a), and designated the Hells Canyon Wilderness, located within the Hells Canyon Area, id. § 460gg-l(a), as wilderness. As a congressionally designated wilderness area, Hells Canyon Wilderness is governed by both the Hells Canyon Act and the Wilderness Act, 16 U.S.C. §§ 1131-1136, whichever is more restrictive, id. § 460gg-l(b). With respect to motorized vehicles, the Wilderness Act is more restrictive because it prohibits the “use of motorized vehicles” within designated wilderness areas “except as necessary to meet minimum requirements for the administration of the area.” Id. § 1133(c).

Congress identified two sources to define the contours of the Hells Canyon Area: a map and a boundary description. The map, created by the Forest Service in May 1978, was titled the “Hells Canyon National Recreation Area.” 16 U.S.C. § 460gg(b). The Act requires that the map “be on file and available for public inspection in the office of the Chief, Forest Service, United States Department of Agriculture.” Id. In addition, Congress instructed the Secretary of Agriculture to “publish a detailed boundary description of the recreation area,” including the Hells [927]*927Canyon Wilderness. Id. In 1978, the Secretary complied by preparing a metes-and-bounds boundary description and inviting public comment. In 1981, the Forest Service published final notice of the boundary description in the Federal Register but, “[i]n the interests of economy,” did not publish either the full metes-and-bounds description or the map in the Federal Register. 46 Fed.Reg. 34,611-02, 34,611 (July 2, 1981). Instead, the boundary description was made available for review at the Forest Service in Washington, D.C., and at Regional Forester offices in Idaho, Montana, Oregon, and Utah, and the boundary description and map were lodged with committees in the House of Representatives and the Senate.

Although it has been almost thirty years since the Forest Service published the map and the boundary description, there continues to be controversy regarding the precise location of the Hells Canyon Wilderness boundary and, in particular, its western boundary. In general, the boundary description locates the Wilderness boundary by reference to specific map coordinates and to topographic descriptors such as “ridge,” “hydrologic divide,”2 and “rim.” The 1978 public notice regarding the proposed boundary explained that “[t]he established Hells Canyon Wilderness boundary has been located on the most identifiable feature of the canyon rim. In some cases this is the rim and in other cases it is the crest of a hill.” The description frequently refers to the western boundary as the “east rim of Summit Ridge.” In 1994, a registered land survey- or advised the Forest Service that the “east rim of the ridge” was not a precise definition “because the position of the rim varies with respect to the topography of the ridge.” He indicated that the terms “hydrologic divide” and “rim” were, in this context, “mutually exclusive.” The survey- or explained that the features might but would not necessarily run parallel:

The hydrologic divide is the line defined by the highest elevation points along the divide. The rim is interpreted as a topographic feature below the hydrologic divide where the downward slope of the divide increases significantly in comparison to the downward slope between the rim and the divide. At points along the hydrologic divide the initial downward slope may be steep enough that the rim is congruous with the divide.

The surveyor concluded that “references [in the description] to the rim are not synonymous with references to the hydro-logic divide.”

Running along the western boundary of Hells Canyon Wilderness is a fifteen-mile man-made unpaved road known as the Lord Flat Trail. The Trail, originally created in 1960 to help fight a forest fire, is an unmarked travelway located on the Lord Flat Plateau, west of—and generally parallel to—the Snake River. Commencing at Warnock Corral, the Trail moves north, crossing the hydrologic divide between the Snake River and the Inmaha River drainages several times before terminating at the Lord Flat landing strip. The Trail is suitable for four-wheel drive vehicles only.

In 1989, the U.S. Forest Service discovered that a 1.5-mile stretch of the Trail traversed the western boundary of the Hells Canyon Wilderness. Upon making this discovery, the Forest Service temporarily banned motorized vehicle use on the [928]*928Trail. After soliciting advice from a number of sources, the Forest Service decided, in 1992, to relocate the offending 1.5-mile part of the Trail outside the Wilderness area and publicly issued a Decision Memo to that effect.3

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593 F.3d 923, 40 Envtl. L. Rep. (Envtl. Law Inst.) 20023, 2010 U.S. App. LEXIS 1523, 2010 WL 252333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hells-canyon-preservation-council-v-united-states-forest-service-ca9-2010.