The court of appeals affirmed a district court judgment. The court held that the National Park Service did not act arbitrarily and capriciously in revoking its conditional approval of a particular manufacturer’s portable bear-resistant food container for use in national parks where the agency rationally applied a “three strikes” failure standard and adequately considered associated policy issues.
The National Park Service and the U.S. Forest Service required backpackers in certain areas of the Sierras to store food in portable bear-resistant containers. In particular, between 2001 and 2007, both the Park Service and the Forest Service required visitors to Yosemite National Park, Sequoia and Kings Canyon National Parks (SEKI), and the Inyo National Forest to use containers that had been tested and approved by the agencies.
