9th circuit court of appeals rules against adventure pass

[Trootfisher]

this has been in a few local newspapers, but here is the court opinion, which is one of the more brief, easier to read court opinions I've come across. See how it affects Forest Service Fees:
http://www.ca9.uscourts.gov/datastore/o ... -16711.pdf

[WanderingBlues]

Does this apply in an at-large way, or is it limited to the Mt Lemmon case. I, for one, despise the adventure pass. All it did in my area is make improvements that allowed for over use of sensitive areas. I've always purchased an annual National Parks Pass rather than purchase the AP.

[fly addict]

My guess is the Forest Service will petition the Supreme Court to hear the case. And will continue to collect fees while the case is under appeal, at least in our local National Forest.

Mark

[Artin]

It's very interesting. I wonder how far this will go. And if they are unable to collect nationwide are they going to threaten shutting them down....

Interesting indeed...

Good find

Artin

[Artin]

It's very interesting. I wonder how far this will go. And if they are unable to collect nationwide are they going to threaten shutting them down....

Interesting indeed...

Good find

Artin

[fishhunterphil]

I moved to CA in March 2010 and bought an adventure pass within the month.

Not going to do that again; it is illegal, this crap, that they are trying to pull.

Very accessible language used by the judge here, which fits the very plain, dare I say obvious, misuse of USFS authority with respect to these parking "passes"

[Fishfreak911]

Wow. Very interesting! I always thought the FAP was a vague and unfair "tax." I hope someone takes it to court here and wins. Though, I think, as Fly Addice says, it will move to teh supreme court. There are probably hundreds of similar infractions nationwide made by the Forest Service. It will be interesting indeed!

[Packer]

I was on the MT. Lemmon road last January. They wanted $5 if I was not going to park and just drive around. I paid the $5 but was angry with extra fees to park and sight see. I parked in the turnouts to take pictures anyway.
Now I want my $5 back!
I always bought the AP and gave the $5 second vehicle pass to my friend.

Thanks, Tim /`~~~---<*}))))><

[Sasha]

Good...


Never bought the * things anyways.

[Trootfisher]

If you read the court opinion, you will see that it doesn't necessarily make the adventure pass or the collection of fees Illegal. The opinion references the federal law that defines when/where/why the USFS is allowed to collect fees. The ruling was basically pointing out that within the confines of this law, there are instances where the USFS should not be collecting fees (in this case, the Lemmon Rd. area). There are plenty of areas similar to this within our SoCal (and other) National Forests.

If you've followed this issue, you know that the Region 5 forests have adjusted their fee areas (with new maps depicting these areas) over the past few years to more closely adhere to this federal law. Whether they are now expecting you to have an Adventure Pass in areas where you shouldn't (according to this recent opinion) is something to look into.