Monday, August 06, 2018

US v. Nature, No. 17-10161 (8-6-18)(Wallace w/N. Smith & Friedland). The 9th affirms a conviction for being dangerously under the influence of alcohol in an administrative site adjacent to a national park.  This is in violation of regulation 36 CFR 34.5(b)(21).  The defendant argued that the regulations applied to national parks under 36 CFR 2.35 and not to an administrative site.  The 9th decided it did not have to decide whether the administrative site falls within the meaning, and jurisdiction of a park area under 36 CFR 2.35, because 34.5 incorporates the prohibition, with changes, to apply to the administrative site.

The decision is here:


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Tuesday, August 14, 2018 6:43:00 AM  

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