Meadow Green-Wildcat Corporation, D/B/A Wildcat Mountain Ski Area v. Michael B. Hathaway, Etc.

BREYER, Chief Judge.

This case turns on the meaning of the word “error” in a land use permit that the Forest Service issued to a ski resort owner. See 16 U.S.C. § 497. It raises a difficult question about the standard of review that a court should apply to the Forest Service’s own interpretation of such a document. Ultimately, we decide that, for reviewing purposes, we should treat the permit (called a “Term Special Use Permit”) as if it were a kind of contract between the Service and the resort owner. That is to say, we should allow the agency no more freedom to interpret the words of such a…