Gardner v. United States Bureau of Land Management
638 F.3d 1217
| 9th Cir. | 2011Background
- Little Canyon Mountain in Grant County, Oregon, open to off-road vehicle use since 1985 under John Day RMP; area includes multiple miles of trails and a popular “pit.”
- BLM limited access in 2007 after a safety incident, restricting ORV use to marked roads and banning vehicles wider than 50 inches in the pit.
- Gardner and Concerned Citizens petitioned in June 2006 to immediately close the area to all recreational ORV use; BLM responded that closure could occur only if “considerable adverse effects” were shown under §8341.2(a).
- BLM sought quantifiable evidence of environmental harm; Gardner’s evidence did not establish a finding of “considerable adverse effects.”
- District court granted summary judgment for BLM; on appeal, Ninth Circuit affirmed, holding no mandatory duty to close and no arbitrary denial of the petition.
- Court also held that §1732(b) does not compel a closure and §8341.2(a) requires a finding of considerable adverse effects, which was not demonstrated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does FLPMA §1732(b) require a discrete action to close Little Canyon Mountain to ORV use? | Gardner argues BLM must close due to degradation. | BLM has discretion to achieve broad goals; not a discrete command to close. | No; §1732(b) does not compel closure. |
| Does 43 C.F.R. § 8341.2(a) compel immediate closure upon potential adverse effects? | Record shows considerable adverse effects. | There is no finding of considerable adverse effects yet; regulation is discretionary. | Not compelled absent a finding of considerable adverse effects. |
| Was BLM's denial of Gardner's petition arbitrary or capricious under 5 U.S.C. § 706(2)? | BLM ignored evidence of harm. | BLM reasonably concluded regulatory thresholds were not met. | Not arbitrary or capricious; rational basis supported by record. |
Key Cases Cited
- Norton v. S. Utah Wilderness Alliance (SUWA), 542 U.S. 55 (2004) (limits of 706(1) to discrete agency actions; broad mandates give discretion to agencies)
- Sierra Club v. Clark, 756 F.2d 686 (9th Cir. 1985) (creation of independent authority under 8341.2(a) to close areas for considerable adverse effects)
- Mt. St. Helens Mining & Recovery Ltd. P'ship v. United States, 384 F.3d 721 (9th Cir. 2004) (courts cannot compel discretionary agency action or require a particular result)
- Alvarado v. Table Mountain Rancheria, 509 F.3d 1008 (9th Cir. 2007) (dismissing claims where no discrete mandatory action was shown)
- Lands Council v. McNair, 537 F.3d 981 (9th Cir. 2008) (arbitrary and capricious review requires rational connection to evidence)