Kathy Stupak-Thrall,plaintiffs-Appellees v. Daniel Glickman,defendants, the Wilderness Society, Proposed Intervenors-Appellants

226 F.3d 467, 47 Fed. R. Serv. 3d 618, 31 Envtl. L. Rep. (Envtl. Law Inst.) 20095, 2000 U.S. App. LEXIS 22374, 2000 WL 1234050
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 1, 2000
Docket99-1353
StatusPublished
Cited by120 cases

This text of 226 F.3d 467 (Kathy Stupak-Thrall,plaintiffs-Appellees v. Daniel Glickman,defendants, the Wilderness Society, Proposed Intervenors-Appellants) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kathy Stupak-Thrall,plaintiffs-Appellees v. Daniel Glickman,defendants, the Wilderness Society, Proposed Intervenors-Appellants, 226 F.3d 467, 47 Fed. R. Serv. 3d 618, 31 Envtl. L. Rep. (Envtl. Law Inst.) 20095, 2000 U.S. App. LEXIS 22374, 2000 WL 1234050 (6th Cir. 2000).

Opinions

O’MALLEY, D.J., delivered the opinion of the court, in which BATCHELDER, J., joined. MOORE, J. (pp. 480-88), delivered a separate dissenting opinion.

O’MALLEY, District Judge.

This case raises the purely procedural issue of whether the district court properly denied a motion to intervene. For the reasons stated below, we AFFIRM.

I. Litigation History.

This case comes to us with a great deal of history, which we summarize here. Crooked Lake is located in the upper peninsula of Michigan, near the Wisconsin border. Since about 1966, 95% of the land surrounding Crooked Lake has been owned by the federal government, while 5% remains privately held; there are only a handful of private parcels of land. The private landowners include: (1) the Ga-jewskis, plaintiffs who run a motorboat fishing camp and resort on the lake; (2) plaintiff Kathy Stupak-Thrall, who owns and rents out lakefront cabins belonging to her family since 1939; and (3) proposed intervenor Thomas Church, who has owned a lakefront cabin since 1990. The privately held land is all on a small bay on the north side of the lake. Under Michigan law, the private landowners, together with the federal government, hold in common certain riparian rights in the entirety of Crooked Lake.1

When the government purchased the Crooked Lake land in 1966, it made the land part of the Ottawa National Forest, which is administered by the United States Forest Service. Subsequently, in 1987, Congress passed the Michigan Wilderness Act. This Act, among other things, created the “Sylvania Wilderness Area;” all of Crooked Lake, except for the small northern bay portion where the private landowners are located, was included within this Sylvania Wilderness Area. Then, in 1992, the Forest Service passed a regulation (known as “Amendment One”) prohibiting, among other things: (1) use of houseboats or sailboats on any part of Crooked Lake lying within the Sylvania Wilderness Area; and (2) use of nonburnable disposable food containers (e.g., beer bottles) within the Wilderness Area.

Stupak-Thrall and the Gajewskis responded by filing suit, claiming that Amendment One had the effect of interfering with their state-law riparian rights. This case is known as “Stupak-Thrall I.” The plaintiffs ultimately lost, in a very close battle. Stupak-Thrall v. United States, 843 F.Supp. 327 (W.D.Mich.1994), affirmed, 70 F.3d 881 (6th Cir.1995), rehearing en banc granted and opinion vacated, 81 F.3d 651 (6th Cir.1996), affirmed en banc by an equally divided court, 89 F.3d 1269 (6th Cir.1996), cert. denied, 519 U.S. 1090, 117 S.Ct. 764, 136 L.Ed.2d 711 (1997). The validity of Amendment One is not at issue in this case.

In 1995, the Forest Service passed another regulation (known as “Amendment [470]*470Five”), this time prohibiting use of nonelectric motorboats in the Sylvania Wilderness Area. Stupak-Thrall and the Gajewskis again filed suit; this time, they won in district court. Stupak-Thrall v. Glickman, 988 F.Supp. 1055 (W.D.Mich. 1997). This case is known as “Stupak-Thrall II.” A separate appeal is currently pending in Stupak-Thrall II, but this Court is holding the appeal in abeyance, so that: (1) we may first issue a ruling in this appeal, and (2) the assigned panel may first issue a ruling in the related appeal from the final judgment in Stupak-Thrall III, which is described below. The validity of Amendment Five is also not at issue in this case.

Most recently, in 1998, Stupak-Thrall and the owners of five other pieces of Crooked Lake private land2 filed this lawsuit to challenge the Forest Service’s underlying jurisdiction to regulate the Sylva-nia Wilderness Area; this represented a different tactic than the plaintiffs used in their previous lawsuits, where they challenged the Forest Service’s individual regulations. Specifically, in this action, the landowner-plaintiffs argue that: (1) when Congress passed the Michigan Wilderness Act, it required the Forest Service to create an “official map and legal description” of the Sylvania Wilderness Area; (2) the Forest Service never did so; (3) thus, Crooked Lake was not within any “official boundary” of the Sylvania Wilderness Area; and (4) the Forest Service therefore had no authority to pass any regulations governing Crooked Lake. The landowner-plaintiffs named as defendants various federal agencies and employees, referred to collectively below as the “Federal Defendants.” This case is known as “Stupak-Thrall III.”

On cross-motions for summary judgment, the district court below granted summary judgment to the Federal Defendants .in Stupak-Thrall III. A separate appeal of this grant of summary judgment is currently pending. Again, however, this Court is holding that appeal in abeyance, so that we may first issue a ruling in the instant case; Thus, the validity of the Forest Service’s authority to administer the Sylvania Wilderness Area is also not at issue in this specific appeal.

So what does this appeal concern? In Stupak-Thrall III, before the district court granted summary judgment to the Federal Defendants, four parties — who refer to themselves collectively as “the Wilderness Association” — jointly sought to intervene as parties-defendant. The district court denied their motion. It is this denial of the motion for intervention, alone, that is the subject of the instant appeal. In sum, there are two separate appeals pending in Stupak-Thrall III, and ours has only to do with the propriety of the denial of the motion to intervene. We have jurisdiction over the proposed intervenors-ap-pellants’ timely appeal, pursuant to 28 U.S.C. § 1291.

II. The Proposed Intervenors.

The “Wilderness Association” is comprised of the following proposed interve-nors-appellants: (1) the Wilderness Society; (2) the Wilderness Watch; (3) the Upper Peninsula Environmental Coalition (“UPEC”); and (4) Thomas Church. Church is one of the private landowners on Crooked Lake. His views regarding the appropriate level of human presence on the lake are in strong opposition to those of Stupak-Thrall and the other plaintiffs-appellees — he believes the Forest Service’s regulations, including Amendments One and Five, do not go far enough. Indeed, Church has argued to the Forest Service, apparently without success (so far), that it should: (1) also prohibit dogs, ATVs, and snowmobiles from the Sylvania Wilderness area and Crooked Lake; (2) strictly limit the number of people allowed into the Sylvania Wilderness Area; and (3) close certain access roads. Further, while [471]*471Church agrees with the Forest Service that gasoline-powered motorboats should be banned from Crooked Lake completely, the record suggests he believes electric motorboats also should be banned. Thus, to at least some extent, Church and the Federal Defendants have different views regarding regulation of the Sylvania Wilderness Area.

The other appellants are environmental groups which, to generalize, tend to agree with Church — they think the Forest Service often does not go far enough in protecting the “unblemished wildness” of all federal Wilderness Areas, either because its regulations are too weak or are not enforced.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
226 F.3d 467, 47 Fed. R. Serv. 3d 618, 31 Envtl. L. Rep. (Envtl. Law Inst.) 20095, 2000 U.S. App. LEXIS 22374, 2000 WL 1234050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kathy-stupak-thrallplaintiffs-appellees-v-daniel-glickmandefendants-the-ca6-2000.