Lee Simmons v. Michael Reynolds

KELLY, Circuit Judge.

Lee M. Simmons appeals the decision of the district court 2 granting summary judgment in favor of the National Park Service (NPS). Simmons argues that NPS violated § 706 of the Administrative Procedure Act (APA), 5 U.S.C. § 706 , in establishing the boundaries of the Niobrara Scenic River Area (NSRA), both generally and with respect to his property. Simmons further argues that NPS violated the APA by treating him differently than his neighbors and acting in bad faith.

I

The Niobrara River runs through northern Nebraska before flowing into the Missouri River along the border…