Thursday, January 7, 2010

Carnegie Update for Jan. 7

As we get closer to the Jan. 11 date when the appellate court will decide if Carnegie stays open for public use while the permitting process is underway, the Recreation HQ has received a number of questions from riders who want to know if there is anything OHV legal interests can do to help at Carnegie (and other places as well) regarding 3rd party status in the ongoing legal fight between state parks/AG’s office and eco-groups?

While there is not currently an opening for OHV legal interests to weigh in formally as a 3rd party in this current lawsuit, a recent legal victory for OUR side was realized back in September 2009.

See Blog on this Victory (lots of good legal info)

What The General has tried to explain to some riders is that BRC and others are effectively engaged in the fight to preserve access to public lands. And, just because we have not been able to join in the legal fight at Carnegie, that fact, does not prohibit state parks from using a precedent setting legal decision in our favor that could allow the court panel to measure PEER’s claim of irreparable harm against the new legal high bar set by the wolf case.

Be aware that The General and BRC counsel are engaged in the defense of responsible access to public lands in a number of venues both in and out of California.

Stay tuned for updates on Carnegie. The HQ is manned 24/7 during this crisis.
Feel free to sign up on this blog so you can follow issues and comment as well.

Thanks for your service!


  1. Don, thanks for this CLEAR understanding of what is really happening. While you and I have talked to literally hundreds of riders on the topic in the last few weeks you mentioned, everybody is frustated that we cannot become intervenors or file our own suit in defense of OHV recreationists. I feel the pain from our members, the public in general - over the onslaught of legal challenges by the anti-OHV crowd. Add in the USFS TMP, Clear Creek Issue, Roadless Issues, Permit problems for our clubs and the outregeous COST RECOVERY process put upon them by USFS & BLM for special events, as well as other lawsuits against the State, USFS such as the El Dorado, and the other PEER suit for stealing our money to apply to paved roads within the grants process - enthusiats are at wits end and angrier than I have ever seen.
    All - we must be diligent, and never give up. If we do, then OHV as we know it will die.
    With Carnegie, this is a WAKE UP call to all OHV folks. It is too close to home, and now the real power of OHV - the user - must use its pure numbers to fight back. We may not have the representation or resources, but we do have a huge electorate base that is angry, and passionate. OK folks, rally the troops and use our numbers to make change. We can start with the removal of the Judge that ruled on Carnegie..

  2. Dave,

    Didn't you say at the rally that you are mad as hell!

  3. Lots of riders I talk to are mad enough to use words like 'riot' & 'anarchy' !! But the anti-ohv groups embrace the system for their results,(and they seem to be getting results)!We need to channel our passion into the system & use words like 'unite','organize','network','vote','patience'!!

  4. Can I, We , attend the appellate court hearing? I have 20-30 people who will attend with me.....

  5. Dave, can we attend the appellate hearing? I have 20-30 riders who will attend if we can......