Simmons v. Jarvis
Decision Date | 12 September 2016 |
Docket Number | 8:13CV98 |
Parties | LEE M. SIMMONS, Plaintiff, v. JONATHAN B. JARVIS, in his official capacity as Director of the National Park Service; SALLY JEWELL, in her official capacity as Secretary of the United States Department of the Interior; and the UNITED STATES OF AMERICA, Defendants. |
Court | U.S. District Court — District of Nebraska |
The plaintiff, Lee M. Simmons ("Simmons"), owns land in Cherry County, Nebraska, a portion of which is included within the boundaries of the Niobrara National Scenic River. He brings this action to contest the boundary line that was drawn by the National Park Service ("NPS") in March 2007. Defendants include Jonathan B. Jarvis, Director of the National Park Service, Sally Jewell, Secretary of the U.S. Department of Interior, and the United States of America.
"The Wild and Scenic Rivers Act ('WSRA'), 16 U.S.C. §§ 1271-1287, was enacted in 1968 out of concern for the preservation of United States rivers, many of which had been subjected to overdevelopment and damming." Friends of Yosemite Valley v. Kempthorne, 520 F.3d 1024, 1027 (9th Cir. 2008). The WSRA codifies Congress's policy determination "that certain selected rivers of the Nation which, with their immediate environments, possess outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values, shall be preserved in free-flowing condition, and that they and their immediate environments shall be protected for the benefit and enjoyment of present and future generations." 16 U.S.C. § 1271.
"As originally enacted, the WSRA named specific rivers or segments of rivers for inclusion in the Wild and Scenic River System ('WSRS')." Friends of Yosemite, 520 F.3d at 1027 (citing 16 U.S.C. § 1274(a)(1)-(a)(8)). "The WSRA also sets forth a procedure for future designations to the WSRS." Id. (citing 16 U.S.C. § 1273(a)). "WSRS components are administered by the Secretary of the Interior (including any component administered by the Secretary of the Interior through the National Park Service or the Fish and Wildlife Service) or, if the river falls within a national forest, the Secretary of Agriculture." Id. (citing 16 U.S.C. § 1281(c)-(d)).
In 1991, Congress amended the WSRA to designate 76 miles of the Niobrara River in north-central Nebraska as a unit of the national Wild and Scenic Rivers System. See Niobrara Scenic River Designation Act of 1991, Pub. L. No. 102-50, §§ 2-3, 105 Stat 254, codified at 16 U.S.C. §§ 1274(a)(117), 1276(a)(111). 1 Sokol v. Kennedy, 210 F.3d 876, 877 (8th Cir. 2000) (footnote omitted).
In 1997, Mr. Sokol brought suit in this court (Case No. 8:97CV51) to challenge the boundaries set by NPS.2 Id. at 878. This court granted summary judgment for the defendants, see Sokol v. Kennedy, 48 F.Supp.2d 911 (D.Neb. 1999) (Bataillon, J.), but the Court of Appeals reversed the decision and held that "the Park Service's boundary selection violated its statutory duty under the Act." 210 F.3d at 881. In particular, the Court held Id. at 878. The Court explained:
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