Fred Gardner, et al v. BLM, No. 09-35647 (9th Cir. 2011)Annotate this Case
Plaintiffs brought suit for declaratory and injunctive relief pursuant to the Administrative Procedure Act seeking to compel defendant to prohibit off-road vehicle use of Oregon's Little Canyon Mountain area. At issue was whether defendant's failure to close Little Canyon Mountain to off-road vehicle use violated the Federal Land and Policy Management Act of 1976, 43 U.S.C. 1701-1785, and 43 C.F.R. 8340-8342. The court held that defendant did not, and was not required to, make a finding that the off-road vehicle use of which plaintiff complained had caused "considerable adverse effects" on the resources enumerated in 43 C.F.R. 8341.2(a) and therefore, the court could not compel defendant to close Little Canyon Mountain to off-road vehicle use. The court also held that defendant's denial of plaintiff's petition to close Little Canyon Mountain to off-road vehicle use was not arbitrary and capricious.