In an action challenging the Forest Service's failure to close a road through a recreation area to motorized vehicle travel, summary judgment for defendant is affirmed where: 1) as to their claim that the Forest Service lost a map of the wilderness area, plaintiffs did not suffer a cognizable Article III injury, because the loss of the map was not redressable; 2) the Forest Service's publication of a boundary description started the statute of limitations on plaintiffs' boundary claim, and their claim was thus untimely; and 3) plaintiffs failed to identify "an ongoing failure to act" by defendant, and thus failed to state a claim under section 706(1) of the Administrative Procedure Act.
Argued and Submitted December 11, 2008
Filed January 25, 2010
Opinion by Judge Bybee
Partial Concurrence and Partial Dissent by Judge Graber
Brett E. Brownscombe, Portland, OR
Mark R. Haag, United States Department of Justice, Washington, DC