Is the boating ban illegal?
Yes, the US Forest Service is breaking the law. The office of the Chief of the USFS determined that the ban was totally unjustified and thus violated the Wilderness Act and the Wild and Scenic Rivers Act. We agree. The Chief’s office then decided to allow the illegal ban to be continued for 2-5 years. This decision to allow an admittedly illegal action to continue is what paddlers are challenging in court because it is arbitrary and capricious. The greater legal issues remain: primarily that the USFS has been breaking the law for thirty years by banning a use they are mandated to protect and enhance under both the Wild and Scenic Rivers Act and the Wilderness Act.
