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Ski Area Master Plan

Richard Allan represented a Pacific Northwest ski area, located on U.S. Forest Service land, in the approval and defense of a new Master Plan. The Forest Service Record of Decision approving the Master Plan was challenged by environmental groups in administrative proceedings and in U.S. District Court. Plaintiffs raised numerous challenges under NEPA, NFMA and the Ski Area Permitting Act.

Following successful defense of the Master Plan at both levels, the District Court’s decision upholding the Record of Decision was appealed by plaintiffs to the Ninth Circuit.  The parties then entered into extended mediation, ultimately resulting in a negotiated settlement with plaintiff environmental groups, dismissal of the appeal, and the end of over a decade of litigation. The settlement establishes a cooperative framework and process for the ski area and key environmental groups to address future development of ski area facilities.