Legal Opinion
Herr v. United States Forest Service
Court of Appeals for the Sixth Circuit
Decided October 9, 2015No. 14-2381PublishedCited by 60 opinions
1Opinion of the Court
OPINION
SUTTON, Circuit Judge.
David and Pamela Herr bought waterfront property on Crooked Lake in the Upper Peninsula of Michigan and planned to use their gas-powered motorboat on it. That plan was dashed when the U.S. Forest Service threatened to enforce a regulation that bans non-electric motorboats from the ninety-five percent of the lake that falls within a. National Wilderness Area. The Herrs responded with this lawsuit, seeking to enjoin enforcement of the regulation on the ground that the relevant federal statute preserves their state-law property right to use all of the lake. The…
2Cases cited72 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
- Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
- United States v. SherwoodSupreme Court of the United States · 1941
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3Cited by60 opinions
- Island Creek Coal Co. v. Melyndia BryanCourt of Appeals for the Sixth Circuit · 2019
- Gary Jackson v. Thomas ModlyCourt of Appeals for the D.C. Circuit · 2020
- John Doe v. United StatesCourt of Appeals for the Fifth Circuit · 2017
- Chance v. ZinkeCourt of Appeals for the Tenth Circuit · 2018
- Meridian Investments, Inc. v. Federal Home Loan Mortgage Corp.Court of Appeals for the Fourth Circuit · 2017
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