Western Watersheds Project v. Michael

LUCERO, Circuit Judge.

In addition to its generally applicable law of trespass, the State of Wyoming has enacted a pair of statutes imposing civil and criminal liability upon any person who “[cjrosses private land to access adjacent or proximate land where he collects resource data.” Wyo. Stat. §§ 6-3-414(c); 40-27401(c). In light of the broad definitions provided in the statutes, the phrase “collects resource data” includes numerous activities on public lands, such as writing notes on habitat conditions, photographing wildlife, or taking water samples, so long as an individual also records…