Forest Service v. Michael & Linda Backlund
December 2010 by James BuchalOn Tuesday morning, August 26, 2010, my clients Michael and Linda Backlund were forced to plead guilty to a charge of violating 36 CFR §261.10(b), which criminalizes maintaining a residence on Forest Service land without authorization “when such authorization is required.” This is a new regulation pursuant to which virtually anything, even a tent, is an unlawful “residence” unless authorized in advance.
For now, MSHA is just collecting information. However, the information it collects will shape what comes next.
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