Friday, January 14, 2011

MAJOR OHV LEGAL VICTORY TODAY - 9th Circuit Strikes Down "Federal Defendant" Rule


The Recreation HQ wants to salute the BlueRibbon Coalition Legal Defense Fund’s lead counsel, Paul Turcke, the BRC and all the groups that supported this effort including those who filed “friend of the court” briefs including the MIC and other access interests on this historic legal victory today in the 9th Circuit Court of Appeals.

According to the BRC News Release, “Today the Ninth Circuit Court of Appeals announced an historic decision to abandon its so-called "federal defendant" rule. The rule categorically prohibited private parties, as well as state and local governments, from intervening of right on the merits of claims brought under the National Environmental Policy Act (NEPA).”

BRC January 14, 2011 News Release on 9th Circuit Court of Appeals Decision

The HQ has been following this issue for some time including posting a blog on December 14 where BRC and MIC counsel (as well as The Wilderness Society’s attorney) argued before the Court. A great video of this legal football game is linked to in the HQ Dec. 14 Blog

HQ Dec. 14 Blog on “Must See Legal TV”

NYT Article Today on OHV Win

ENN Article on Victory

Cattlemen Applaud Victory

Let those of you in the OHV community who always feel that off-roaders never win in court… please savor this victory. Enjoy a great dinner with your family, go for a trail ride, or shout from your roof or RV trailer top.

If you want to send Paul Turcke a personal congrats… here is his email address:

Have a great weekend my OHV family! And, never ever give up.

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