Izaak Walton League of Am., Inc. v. Kimbell, Nos. 07-3689/07-3696/08-1167.
Congress enacted the Boundary Waters Canoe Area Wilderness Act (“the Act”) in 1978 to protect, enhance, and preserve the natural value of lakes, waterways, and associated forested areas. Under the Act, the United States Forestry Service regulates the use of motorboats and snowmobiles in these areas. The areas at issue in this lawsuit related to the North and South Fowl Lakes in Northeastern Minnesota, which are located near the boundary specified by the Act.
In 2005, the Forestry Service proposed a new snowmobile route to the Fowl Lakes. Several environmental groups opposed the new snowmobile trail and eventually brought a lawsuit to challenge the action. The environmental groups alleged that the new snowmobile route violated of the Act. The Forestry Service moved for summary judgment, arguing that, since the enactment of the Act in 1978, it had always allowed snowmobile use in the Fowl Lakes area. Because snowmobile use had been occurring since 1978, the Forestry Service argued that the statute of limitations for such a challenge should have occurred within six years as proscribed in the Administrative Procedure Act. The environmental groups argued that the Forestry Service’s failure to regulate snowmobile use was a continuing violation of the Act, which created a new cause of action each time the Act was violated. The trial court rejected this argument and granted summary judgment on the issue.
On appeal, the Eighth Circuit Court of Appeals also rejected the continuing violation doctrine. The court noted that the legal description and maps for the Act were published in the Federal Register on April 4, 1980, and that the Federal Register provides legal notice to all persons affected by its contents. Accordingly, the environmental groups’ claims were barred by the six-year statute of limitations.
[…] doubtful about an American court’s approach to snowmobiles, as reported by Jodie L. Hill at Downtown Lawyer. Mario García at Ultima Instancia weighed the merits of various electoral systems […]
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