eje67, I appreciate your finding the
Wasson case. Reading the document, it turns out Wasson deposited his sewage in a bucket, and then
abandoned it at the site! Wasson argued that the bucket qualified as a "receptacle... or place provided for such purposes". That is parallel to someone using a WAG bag in the Whitney Zone, and then leaving it behind.
Ironically, the text goes on to say, "For example, a person could comply with Wasson's reading of 36 C.F.R. §261.11(d) by depositing waste such as the human feces at issue in this case in anything from a used coffee cup to an empty soda can to
a plastic garbage bag."
The Wasson case is quite interesting. But it does not address the situation that Inyo N.F., in all backcountry areas of its jurisdiction except the Whitney Zone, does not require the carrying out of human waste. How would the courts look at the situation of unequal enforcement of §261.11(d) by Inyo?
