043629P.pdf   02/15/2006  Friends of the  v.  Conservationists
   U.S. Court of Appeals Case No:  04-3629
                          and No:  04-3632
   District of Minnesota   
   [PUBLISHED] [Bye, Author, Heaney and Colloton, Circuit Judges]
   Civil case - environmental law. The Forest Service had authority to
   recalculate the base period motorboat use of the Boundary Waters Canoe
   Act Wilderness to include uses previously excluded as the result of a
   significant legal error which was only made apparent to the Forest
   Service by this court's opinion in Friends of the Boundary Wasters
   Wilderness v. Dombeck, 164 F.3d 1115 (8th Cir. 1999); Forest Service
   recalculated the Moose Lake Chain base period in an arbitrary and
   capricious manner, as the survey used to support the recalculation was
   flawed and was performed in a manner which made the results unreliable;
   similarly, the Forest Service's recalculation of the the Saganaga Lake
   Chain and Farm Lake Chain base periods were also performed in an
   arbitrary and capricious manner; matter remanded with directions to
   remand the matter to the Forest Service for a recalculation of the base
   period use and motorboat quotas consistent with the Boundary Waters
   Canoe Area Wilderness Act and this opinion.