Interesting argument, eje67. I think it would be a tough sell to a judge that every backpacker is required by 36 CFR §261.11 to carry their human waste out of every National Forest, even their waste water (pee?). As I read it, the intent of the §261.11 Sanitation seems to be intended for RV holding tanks, developed toilets, and general litter prohibitions. But I'm not a lawyer and only a judge can ultimately define what is "reasonable" in any given case.
Lots of interesting issues might come up during a case like that. Such as, was it legal to remove (burn down) the toilets and implement a pack out system without completing the ongoing NEPA process that was in the process of evaluating those very alternatives? Seems like a judge might direct Inyo to go back and finish that NEPA process if they want to enforce wag bag use for this specific area. And then that would bring up the obvious impacts that we see on the trail.
