The Ninth Circuit just issued a decision in The Access Fund v. USDA, No. 05-15585 (August 27, 2007). The decision was written by Judge McKeown. The US Forest Service banned recreational rock climbing at Rock Cave, a sacred and historical site to the Washoe people. The Access Group, a climbing advocacy group, challenged the decision as a violation of the Establishment Clause and as arbitrary and capricious under the Administrative Procedures Act. The District Court granted the US Forest Service’s motion for summary judgment, and The Access Group appealed. The Ninth Circuit affirmed, and Judge Wallace submitted a separate concurrence.
Get the decision at http://www.ca9.uscourts.gov/ca9/newopinions.nsf/9ADD9D7E47C1097B88257344005879D0/$file/0515585.pdf?openelement