Several riders have contacted the HQ asking about any updates on the impact of the 9th Circuit Court of Appeals’ decision to strike down the federal defendant rule on January 14, 2011.
See January 14 Blog with Overview/Video of that Decision http://thegeneralsrecreationden.blogspot.com/2011/01/major-ohv-legal-victory-today-9th.html
In answer to that question, HQ is proud to report the Missoula Division of the U.S. District of Montana Court recently granted intervention “as of right” (a legal term) to recreation interests and cited the 9th Circuit decision. This is notable because the same Court has historically been liberal in allowing intervention by all interested parties, but has done so via permissive intervention.
Link to February 9 Missoula Court Order
http://www.sharetrails.org/uploads/Ninth_Circuit_Missoula_2.9.111.pdf
HQ believes that access and other multiple-use interests will continue to benefit from that 9th Circuit Court decision.
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