ELR Citation: 42 ELR 20196
No(s). 11-15007 (9th Cir. Sep 26, 2012)

The Ninth Circuit affirmed a lower court decision dismissing gold miners' suit against the U.S. Forest Service challenging its decision to limit the use of motor vehicles to certain roads in the El Dorado National Forest. The miners have standing to pursue their claim. At least some of the miners have suffered an injury in fact because they can no longer access their mining claims via motor vehicles without first filing a notice of intent or plan of operations, the denial of access is “fairly traceable” to the Forest Service's decision, and it could be redressed by a court order striking down the prohibition on vehicular access. Nevertheless, the Forest Service acted within its authority when it prohibited cross-country vehicle traffic and limited motor vehicle use to certain designated roads in the forest. And because the roads on which motor vehicles were prohibited are no longer “public roads” as reasonably defined by the Forest Service, the “public roads” provision in 36 C.F.R. §228.4(a)(1) does not create an exception to the Service's decision.