Everett, Frank E. v. United States

EDWARDS, Chief Judge:

This case involves a claim by appellant Frank E. Everett (“Everett”) that he has a right to land his personal helicopter on National Forest lands. The United States Forest Service (“Service”) denied Everett a permit to land his helicopter and forbade him to land without a permit. Everett’s attempt to overturn the Service’s action was rejected by the District Court and he now appeals.

Service regulations designate “[a]ll uses of National Forest System lands” as “special uses,” with the exception of those uses provided for in the regulations governing the disposal of timber…