American Whitewater v. Thomas Tidwell

The Forest Service manages the Chatooga River under the Wild and Scenic Rivers Act (WSRA), 16 U.S.C. 1274 et seq. In 2012, the Forest Service revised its management plan for the Chatooga to allow floating on most of the Headwaters during the winter months, when flows are highest and conditions are best. American Whitewater argues that the revised plan does not go far enough and that the remaining limits on floating are inconsistent with the WSRA and arbitrary and capricious. Two intervening parties, ForestWatch and the Rusts, argue that the Forest Service's decision to allow floating goes too far, contending that the WSRA prohibits any floating on the Headwaters whatsoever, and that the Forest Service violated the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq. The court agreed with the district court's well-reasoned opinion where the district court rejected both sets of challenges and found that the Forest Service's revised plan carefully balanced the wide-ranging interests advocated by the several parties and participants. The court affirmed the judgment. View "American Whitewater v. Thomas Tidwell" on Justia Law