So. Forest Watch, Inc. v. Jewell, No. 15-5413 (6th Cir. 2016)
Annotate this CaseGreat Smoky Mountains National Park, 500,000 acres of public lands in Tennessee and North Carolina. includes parts of the Appalachian Trail. The Park required backcountry visitors to obtain a permit. Some campsites also required reservations, which were managed through third-party software called Wilderness Trakker. Technical support for Wilderness Trakker was discontinued. Park staff convened a task force to investigate alternatives, including funding an online system through a new fee for permits and reservations. The Park developed a public-engagement plan, emphasizing expected improvements in trip planning, reservations, and customer service, and issued press releases and a proposal for circulation to stakeholders explaining the new fee. The proposal invited comments and advertised two open houses. The Park received 230 written comments; 69 persons attended the open houses. Analysis of the feedback noted general opposition to fees, concern about the use of an outside contractor to manage the reservation system, and differing views about the need for additional backcountry management. The Park implemented the new fee of four dollars per person, per night at backcountry campsites and shelters. SFW challenged the fee and moved to open discovery to supplement the administrative record. The Sixth Circuit affirmed denial of the motion and summary judgment in favor of the Park Service, rejecting challenges under the Federal Lands Recreation Enhancement Act, 16 U.S.C. 6801.
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