United States v. Parker

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Administrative Law
  • Date Filed: 07-31-2014
  • Case #: 13-30157
  • Judge(s)/Court Below: Circuit Judge McKeown for the Court; Circuit Judge Watford and Senior District Judge Rothstein
  • Full Text Opinion

Actions that take place in the Nation Forest System and affect, threaten, or endanger National Forest land are subject to Forest Service Regulations, even if they take place on a county road subject to easement.

In two separate instances Shawn Parker, a commercial snowmobile operator was stopped by Officer Steve Roberson for operating snow mobiles in violation of Forest Service Regulations. At a bench trial before a magistrate judge, Parker was found guilty of two misdemeanor counts of “conducting any kind of work activity or service” and one misdemeanor count of threatening, resisting, intimidating, or interfering with a Forest Service officer. The district court affirmed the charges. Parker appealed arguing that his actions did not take place on Forest Service land, but instead on Salmon la Sac road, a county road subject to easement, that is explicitly exempt from Forest Service regulations under 36 C.F.R. Part 261. On appeal the panel affirmed the convictions. In affirming the decision the panel held that even though the actions took place on a county road subject to easement the activities in question both took place “in the Nation Forest System” and “affect[ed], threaten[ed], or endanger[ed], National Forest land. Therefore the district court is AFFIRMED.

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