Eastern District of California Blog

Yes, Marijuana Is Still Illegal In Yosemite National Park

Regardless of California law, the Fresno Bee reports that the feds are still busting people caught with marijuana in Yosemite National Park. According to the Bee, Yosemite issued 465 marijuana citations and made 123 pot-related arrests in the past two years. 

Ninth Circuit Overturns Yosemite NP Conviction For Refusing To Submit To Blood Alcohol Test

In U.S. v. Harrington, 12-10526, the Ninth Circuit yesterday overturned a misdemeanor conviction for refusing to submit to a blood alcohol test in Yosemite National Park.  The Court held that it is fundamentally unfair and violates due process to convict the defendant of refusal where park rangers falsely told him it was not a crime to refuse to submit to a blood alcohol test.  (It is under federal regulations covering national parks).  Congratulations to Fresno attorney Kathy Hart on the win!

EDCA Court Ruling Permits Horse Packing In Sequoia & Kings Canyon Parks

Pack station owners serving Sequoia & Kings Canyon National Parks are breathing easier this week after a federal judge allowed the parks to issue permits for commercial stock use effective immediately.

"We're going full-speed ahead," said Tim Loverin, owner of the Cedar Grove Pack Station. "It's going to be an early season because of the low snowpack, so now that we've got the permits we can finally get going."

Presiding over a 3-year-old lawsuit between the High Sierra Hikers Association and the National Park Service, U.S. District Court Judge Richard Seeborg issued a temporary authorization May 23 that set permits for commercial horse packers at 80% of use levels from 2007.

A final written ruling will follow as Sequoia & Kings Canyon officials prepare a wilderness stewardship plan that will establish the extent to which commercial services such as pack stock belong in wilderness areas, which make up 97% of the jointly managed parks.

Fresno Bee, 5/30/12

EDCA Court Finds Yosemite Park Officers Unreasonably Threatened Woman With Being Tasered

Yosemite National Park officers came to a campsite to investigate disorderly conduct and a traffic offense and ordered everybody to sit at a table and show their hands. One lady refused to be patted down and then was threatened with being Tasered, and that was unreasonable under the circumstances. She was targeted only because she was with others who might be suspects. United States v. Mazzetti, 2012 U.S. Dist. LEXIS 69922 (E.D. Cal. May 17, 2012).

FourthAmendment.com, 5/23/12

Judge Suspends Horse Packing In Sequioia & Kings Canyon National Parks

Horse packing in Sequoia & Kings Canyon National Parks is on hold because a San Francisco judge says the parks are violating the federal Wilderness Act.

The issue percolated for years before exploding last month, leaving packers one chance in May to forestall a ban that many say will cripple their industry.

Wednesday, Rep. Devin Nunes stoked the fire by blaming the Obama administration for caving to environmentalists and not pushing for a compromise.

Sequoia & Kings Canyon Superintendent Karen Taylor-Goodrich wrote in a March 12 letter to 16 pack stations that no permits would be issued until the matter is resolved in federal court.

* * *

U.S. District Court Judge Richard Seeborg, presiding over a 3-year-old lawsuit between the High Sierra Hikers Association and the National Park Service, has set a May 23 hearing to determine the next step.

On Jan. 24, Seeborg ruled the National Park Service violated the Wilderness Act because its 2007 general management plan for Sequoia & Kings Canyon does not specifically determine to what extent commercial stock are necessary in wilderness areas.

More than 97% of Sequoia & Kings Canyon's jointly managed 865,964 acres are designated wilderness and thus protected from development and overuse by the Wilderness Act of 1964.

Fresno Bee, 4/5/12

Fed/State Gun Laws Blur Lines In National Parks

State law generally applies to the way guns are carried and how a concealed weapons permit is enforced. California’s odd exemptions to the concealed weapons rule include sleeping in a tent, which is considered your temporary home.

Federal restrictions aim at a bigger picture. They do not allow guns in many federal buildings, such as park visitor centers. They also forbid hunting, target shooting or even firing a gun.

“The fact is, you still can’t use a weapon in the park,” said Steve Shackelton, former chief ranger of Yosemite National Park. “I don’t think we’ll see much of a difference with this law in Yosemite.”

Fresno Bee, 3/22/10

New Yosemite Magistrate Judge Selected

Congratulations to Michael J. Seng, who has been selected by the EDCA district judges as the new U.S. Magistrate Judge for Yosemite National Park.  Mr. Seng is currently an Administrative Law Judge for the Office of Disability Adjudication and Review, U.S. Social Security Administration.  He also had a diverse civil litigation practice with Fresno law firms before his appointment as an ALJ.  Mr. Seng served as Associate Professor in Professional Responsibility at San Joaquin College of Law from 2000-2003 and as a Pro Tem Judge for the Fresno County Superior Court from 1996 to 2008.  His formal appointment awaits the required background checks and may take 2-3 months.

3 Men Charged With Poaching Deer In Yosemite

The Fresno Bee reports that three men were charged with poaching deer in Yosemite National Park. 

New Yosemite Magistrate Expected By Year's End

So says an article on the position in today's New York Times:

The search for Yosemite’s next magistrate judge — the 13th since the park’s court opened in 1920 — will begin in earnest this month, with a panel of lawyers and others from the Eastern District evaluating applications.

The district’s chief judge, Anthony W. Ishii, said that an appointment was expected by year’s end, and that 30 candidates had applied.

Yosemite U.S. Magistrate Judge William M. Wunderlich Announces Retirement

Yosemite U.S. Magistrate Judge William M. Wunderlich announced his retirement due to medical issues.  His retirement is effective June 1, 2009.

[Fresno Bee article added here 6/2/09]