Friday, January 15, 2010

Jan. 15 - Carnegie Legal Update

The General is back at Recreation HQ and has some great news on this day.

The court has set January 26 as its next “decision date.” This is according the newest post at OHMVR. Until then the park is OPEN.

OHMVR Website Post

Update: On January 14th, the Court of Appeal, in San Francisco, filed an order accepting an amicus letter brief from the State Water Resources Control Board (SWRCB), filed on January 11, 2010. This letter argued that the Superior Court in Alameda County lacks jurisdiction to close the park because PEER and CSPA failed to exhaust their administrative remedies with the Water Board first before going to the Court.

Peer and CSPA have until January 20th to file an opposition to the SWRCB letter.

State Parks and/or the SWRCB have until January 25th to file a reply to the opposition from PEER and CSPA.

The park will remain open pending further court action. We expect the court to make a decision on the issue of park closure on or after January 26, 2010.

This has been, and continues to be, a very important test case for water quality-based lawsuits filed by agenda driven environmental groups. Many nervous land owners, farmers, family businesses are also watching this case.

The General thanks all of you for your continued patience and willingness to help in the fight to keep our public lands open for responsible OHV use.

The Carnegie saga continues...

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