Monday, September 21, 2009

GOOD NEWS - Fed Judge Blocks Green Prelim Injunction

The General does his best to share good news on the rare occasion that it happens with his followers. Just recently, Judge Donald W. Molloy, a federal district court judge in Montana, denied a request by environmental groups to stop -via a motion for preliminary injunction - wolf hunts in Montana and Idaho.

News stories on Decision:

(includes quote from Paul Turcke) AND

Paul Turcke’s (BRC’s legal counsel as well) Filing on the Wolf Case

We all know of or have been victims of lawsuits filed by extreme anti-OHV groups where they petitioned a court at the eleventh hour to stop a permitted OHV event(s) or activities.

This decision, correctly in The General’s view, acknowledges important U.S. Supreme Court precedent from last summer that rejects a 9th Circuit formula regularly used to justify injunctions in Endangered Species Act and other “environmental” cases. In case you’re wondering, against the anti’s cries of impending doom, as of today there have been a total of four (4) wolves taken in the Idaho season, against more than a hundred “control” actions in which wolves were killed in 2008.

The General believes that the correct interpretation of “new law” reflected by this decision should make it harder for anti-OHV groups to stop permitted OHV events or activities under the threat, or even filing, of a lawsuit. This is a very important development in the OHV legal arena.

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