McFarland v. Kempthorne

• Decision Date: 02 October 2008
• Docket Number: No. 06-36106.,06-36106.
• Parties: John James McFARLAND, Plaintiff-Appellant, v. Dirk KEMPTHORNE, in his capacity as Secretary of the Department of the Interior; Suzanne Lewis, in her capacity as Superintendent of Glacier National Park; United States of America; National Park Service, Defendants-Appellees, National Parks Conservation Association, Defendant-intervenor-Appellee.
• Court: U.S. Court of Appeals — Ninth Circuit

545 F.3d 1106

John James McFARLAND, Plaintiff-Appellant, v. Dirk KEMPTHORNE, in his capacity as Secretary of the Department of the Interior; Suzanne Lewis, in her capacity as Superintendent of Glacier National Park; United States of America; National Park Service, Defendants-Appellees National Parks Conservation Association, Defendant-intervenor-Appellee.

No. 06-36106.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted May 7, 2008.

Filed October 2, 2008.

Ronald W. Opsahl (briefed and argued), William P. Pendley (briefed), Mountain States Legal Foundation, Lakewood, CO, for the plaintiff-appellant.

William B. Lazarus (briefed), Elizabeth A. Peterson (briefed and argued), United States Department of Justice, Washington, D.C., for the defendants-appellees.

William J. Friedman (briefed), Charles H.P. Vance (briefed and argued), Covington & Burling LLP, Washington, D.C.; Jack R. Tuholske (briefed), Missoula, MT, for the defendant-intervenor-appellee.

Appeal from the United States District Court for the District of Montana; Donald W. Molloy, Chief District Judge, Presiding. D.C. No. CV-00-00020-M-DWM.

Before: ARTHUR L. ALARCÓN, SUSAN P. GRABER, and JOHNNIE B. RAWLINSON, Circuit Judges.

RAWLINSON, Circuit Judge:

Appellant John J. McFarland (McFarland) contends that the district court erred in granting the defendants' motion for summary judgment. He asserts that he is entitled to an easement over Glacier Route 7 to access his property that is surrounded by Glacier National Park. Because McFarland cannot claim a common-law easement over federal land and because the National Park Service's (Park Service) denial of his permit request was neither arbitrary nor capricious, and was in accordance with governing law, we affirm the decision of the district court.

I. FACTS AND PROCEDURAL HISTORY

McFarland owns a 2.75 acre plot of land (the Property) located within the boundaries of Glacier National Park, in an area commonly known as "Big Prairie." The Property was conveyed to McFarland's predecessor in interest, Charles Schoenberger, in 1916 by a federal patent under the Homestead Act of 1862. The patent read: "TO HAVE AND TO HOLD the said tract of Land, with the appurtenances thereof, unto the said claimant and to the heirs and assigns of the said claimant, forever."

Glacier Route 7 passes through what is now Glacier National Park. It is, and always has been, the only road over which McFarland and his predecessors have had motorized access to the Property. Although the Park Service has prohibited snowmobiling in Glacier National Park since 1975 and has generally closed Glacier Route 7 to automobiles during the winter season, the Park Service continued to allow inholders some degree of motorized access over Glacier Route 7 in winter months until 1999.¹ In December, 1999, the Park Service notified McFarland that it would no longer allow inholders motorized access to Glacier Route 7 once it was closed to the general public. The Park Service stated that it was implementing this policy to protect wildlife and public recreational opportunities.

A. Administrative Proceedings

In response to the Park Service's announcement that it would close Glacier Route 7 to inholders, McFarland filed an application for a special use permit. He requested year-round permission for his family and guests to drive a vehicle on Glacier Route 7 between the Property and the Polebridge Ranger Station. Additionally, McFarland requested permission to use a snowmobile when "road conditions make it unsafe or unpractical to drive ..." The Park Service denied the permit request. McFarland's administrative appeal was also denied.

The Park Service explained its denial of McFarland's permit application by reference to previous correspondence, in which it explained that its policy decision to close Glacier Route 7 to motorized traffic during the winter was "made to protect wildlife concerns and public recreation values." The Park Service also referred to its 1975 determination, following "an Environmental Assessment that included extensive public review," that snowmobiles are "an incompatible public use." The 1975 determination was reaffirmed by the park's 1999 General Management Plan.

In the context of denying McFarland's permit application, the Park Service reasserted the authority of the Superintendent to enact public closures "based upon a determination that: such action is necessary for the maintenance of public health and safety, protection of environmental or scenic values, protection of natural or cultural resources, aid to scientific research, implementation of management responsibilities, equitable allocation and use of facilities, or the avoidance of conflict among visitor use activities."

Mike Snyder, the Deputy Regional Director, affirmed that denial of McFarland's permit request was consistent with the Park Service's determination that use of snowmobiles would create visitor use conflicts and disturb wildlife habitats.

B. Federal Court Proceedings

McFarland filed suit in the United States District Court for the District of Montana, seeking to quiet title to an easement over Glacier Route 7. McFarland claimed an easement by necessity, an easement implied from the Homestead Act, and an express easement under the terms of the Schoenberger land patent. McFarland also alleged that the denial of his application for a special use permit violated the Administrative Procedure Act, 5 U.S.C. § 706(2). The district court originally dismissed McFarland's claims, concluding that they were barred by the Quiet Title Act's twelve-year statute of limitations. We reversed and remanded the case to the district court. See McFarland v. Norton, 425 F.3d 724, 729 (9th Cir.2005). On remand, the district court granted summary judgment in favor of the defendants. McFarland filed a timely appeal.

II. DISCUSSION

"This court reviews the district court's grant of summary judgment de novo." Fitzgerald Living Trust (Fitzgerald II) v. United States, 460 F.3d 1259, 1263 (9th Cir.2006) (citations omitted). "We must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there are any genuine issues of material fact and whether the district court correctly applied the relevant substantive law." Id. (citation omitted).

Under the Administrative Procedure Act, an agency decision will be set aside only if it is "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." 5 U.S.C. § 706(2)(A). A federal court may not substitute its judgment for that of the agency. See United States Postal Serv. v. Gregory, 534 U.S. 1, 7, 122 S.Ct. 431, 151 L.Ed.2d 323 (2001). An agency decision may be reversed only if the agency "relied on factors which Congress has not intended it to consider, entirely failed to consider an important aspect of the problem, offered an explanation for its decision that runs counter to the evidence before the agency, or is so implausible that it could not be ascribed to a difference in view or the product of agency expertise." Safari Aviation Inc. v. Garvey, 300 F.3d 1144, 1150 (9th Cir.2002) (citation and internal quotation marks omitted). We must, however, ensure that the agency has "articulated a rational connection between the facts found and the choice made." Sierra Club v. EPA, 346 F.3d 955, 961(citation and alteration omitted), as amended by 352 F.3d 1186 (9th Cir.2003).

McFarland contends that he is entitled to an easement over Glacier Route 7 to access his property. McFarland lays claim to an easement by necessity, an easement implied from the Homestead Act, and an easement expressed in the federal land patent to his predecessor-in-interest. Additionally, McFarland posits that the Park Service's denial of his special use permit was arbitrary, capricious, and otherwise not in accordance with the law.

We conclude that the district court properly granted the defendants' motion for summary judgment. McFarland has no valid claim to an easement. To the extent he has a right to access his property across federal land, that right is subject to the reasonable regulation of the Park Service, implemented through the permitting process. The Park Service's denial of McFarland's special use permit was not arbitrary, capricious, or in violation of the law.

A. Easement Claims

Federal law governs a claim of easement over lands owned by the United States. See Superior Oil Co. v. United States, 353 F.2d 34, 37 n. 4 (9th Cir.1965). McFarland acknowledges that federal law governs the claimed easement in this case, but asserts that state law is "instructive" on points not addressed by federal law. However, the "instructive" value of state law is limited by federal interests. See United States v. Standard Oil Co. of Cal., 332 U.S. 301, 309-10, 67 S.Ct. 1604, 91 L.Ed. 2067 (1947). Considering the parameters articulated in Standard Oil, the strong federal interest in the management of federal land weighs against the importation of state law to resolve the present case. See Fitzgerald (Fitzgerald I) v. United States, 932 F.Supp. 1195, 1201 (D.Ariz.1996) (noting that the Federal Land Policy and Management Act consolidated authority to grant rights-of-way over federal land by "repeal[ing] over thirty statutes granting rights-of-way across federal lands and vest[-ing] in the Secretaries of Agriculture and the Interior [the] authority to grant, issue, or renew rights of way over ... public lands ...") (citation, alteration and internal quotation marks omitted).

1. Easement by Necessity

The doctrine of easement by necessity applies, generally, against the United States. Mont. Wilderness Ass'n v. United States Forest Serv., 496 F.Supp. 880, 885 (D.Mont.1980); see also United States v. Dunn, 478 F.2d 443, 444 & n. 2 (9th Cir.1973). "An easement by necessity is created when: (1) the title to two parcels of land was held by a single owner; (2) the unity of title was severed by a conveyance of...