ELR Citation: ELR 20840
No(s). 78-1332 (D.D.C. Aug 18, 1978)

Regulations promulgated by the Fish and Wildlife Service which allow powerboating in the Ruby Lake National Wildlife Refuge are held to violate the Refuge Recreation Act because such boating, rather than being a secondary use, is inconsistent with and would interfere with the refuge's primary purpose. Defendants' attempt to regulate the degree and manner of boating use is not practicable because of the unenforceability of the regulations. The Secretary of the Interior's determination that the level of boating permitted by the regulations does not interfere with the refuge's primary purpose is therefore arbitrary and capricious and is set aside.

Counsel for Plaintiff
Roberts B. Owen, Jeffrey H. Howard
Covington & Burling
888 16th St. NW, Washington DC 20006
(202) 452-6000

Counsel for Defendants
Irwin L. Schroeder, William E. Hill
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2715