(CN) – The 9th Circuit foiled the efforts of a telecommunications company to sue the Forest Service for shooting down permits to install equipment in the Ochoco National Forest.
Oregon-based Western Radio Services Co. and its owner sued the Forest Service for unnecessary application delays and First Amendment violations, saying Western Radio was treated less favorably than competitors when it tried to secure leases in the Ochoco National Forest in central Oregon.
Western Radio claimed it faced even worse treatment after it began challenging service permit decisions. When Western Radio applied to install antennae on Gray Butte in 1991, the Forest Service allegedly put off the application, and was still requesting more documents and adding new requirements 15 years later, prompting Western Radio to sue.
The agency finally approved the application while the case was pending, causing the district court to dismiss Western Radio’s claims as moot.
The 9th Circuit affirmed this decision, saying the agency had acted on Western Radio’s application.