Credit: Kirk Atkinson/Adobe Stock; US Forest Services Properly Consulted With Landowners Amid Monthslong Blaze, Says 9th Circuit
"The panel concluded that determining how to consult with private landowners while the Lolo Peak fire raged was precisely the type of decision the discretionary function exception was designed to shield, and the landowners' claims were thus barred by the discretionary function exception," wrote Judge McKeown.
April 03, 2023 at 08:20 PM
5 minute read
The U.S. Court of Appeals for the Ninth Circuit affirmed that Montana landowners' liable claims against the U.S. Forest Service were barred by the discretionary function exception, determining sufficient consultation with landowners had occurred during a massive fire.
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