Ursack, Inc., et al v. Sierra Interagency Black Bear, et al, No. 09-17152 (9th Cir. 2011)
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Plaintiffs, manufactures of a bear-resistant container called the Ursack S29 model and three individual users of the Ursack, sued the Sierra Interagency Black Bear Group ("SIBBG"), as well as national and forest park services (collectively, "defendants"), where defendants withdrew conditional approval of the S29 model and refused to permit backpackers to use the S29 in the container-only areas of defendants' national parks and forests. At issue was whether SIBBG's decision to revoke conditional approval of the S29 model was arbitrary and capricious. The court held that SIBBG's decision to revoke conditional approval of the S29 model was not arbitrary or capricious where the court could not conclude that the SIBBG, although it did not mention overflow food problems in the course of its debate, ignored this aspect of the problem; where the distinctions the SIBBG made between the BearVault and the Ursack were rational; and where SIBBG's tree-damage rationale, prohibiting users from tying the S29 model to trees, was not arbitrary or capricious.
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