Little Canyon Mountain had been an “open-use” park adjacent to private properties since 1985. In 2003, a federal agency’s environmental assessment resulted in a plan for limited off-road-vehicle access in a certain area of the park. This plan was caled the fuels-reduction project. The U.S. Bureau of Land Management (BLM) has regulatory authority to change off-road-vehicle use designations when these vehicles are “causing or will cause considerable adverse effects upon soil, vegetation, wildlife, wildlife habitat, cultural resources, historical resources, threatened or endangered species, wilderness suitability, other authorized uses, or other resources.” After this plan was implemented, the BLM received numerous complaints from adjacent landowners regarding off-road-vehicle use in that area of the park. Gardner and Concerned Citizens for Little Canyon Mountain sued the BLM and argued that the 2003 environmental assessment for the fuels reduction project by a BLM specialist was reason to require action by the BLM to close Little Canyon Mountain to off-road vehicles.

CASE QUESTIONS

1. Is Gardner challenging the substance of a regulation or how a regulation was promulgated?

2. What is Gardner’s main concern, and what is he asking the court to do?