After the Forest Service denied Ark's Emergency Petition seeking "roadless" designation for roughly 1,000 acres on Burnt Mountain and suspension of the Aspen Skiing Company's authorization to cut trees on that land, Ark filed suit against the Service in district court. The district court granted summary judgment to the Service and denied reconsideration. As a threshold matter, the court concluded that Ark had Article III standing to challenge the Service's final action denying the Emergency Petition. On the merits, the court concluded that the Service's denial of the Emergency Petition was not arbitrary or capricious or contrary to law, and Ark failed to show an abuse of discretion on reconsideration. View "Ark Initiative, et al. v. Tidwell, et al." on Justia Law
Justia U.S. D.C. Circuit Court of Appeals Opinion Summaries
Petitioner sued defendant, who plead guilty to possession of child pornography and possessed depictions of petitioner, seeking over $3,000,000 in restitution. At issue was whether her petition for mandamus should be granted where the district court awarded her an amount of $5000 in restitution and whether petitioner may directly appeal the district court's decision. The court granted the petition for mandamus in part where the district court admitted the restitution award was smaller than the amount of harm she suffered as a result of defendant's offense. The court denied petitioner's direct appeal where it was not authorized by statute and dismissed as moot her motion to consolidate her mandamus petition with her direct appeal.