Tuesday, May 31, 2011

Court Says NO to Enviro Subpart A Claims on Eldorado Legal Case

The General on the Eldorado NF

The Recreation HQ wanted to share the good news about a court decision last week regarding the lawsuit filed by environmental groups against the Eldorado National Forest’s Travel Management Plan.

BRC May 31, 2011 News Release on Recent Court Decision

Link to 82 Page Court Decision (a real good read)

Some of you may remember that BRC and other recreation groups filed to intervene in the case in January 2010.

BRC January 2010 News Release with Motion to Intervene

The recreation groups had concerns that environmentalists would use this case to get a court to link a dollar amount needed by the agency to maintain a “minimum” number of trail miles on the unit. Even though OHV groups did not like the 2008 Eldorado travel plan we wanted to end the endless planning process and move forward with good management programs.

HQ feels that environmental groups are filling an avalanche of Subpart A lawsuits throughout the West to force a number on the agency and/or to require the agency to undergo Subpart A planning to establish a “minimum” route network before doing the Subpart B trail planning.

By using an “oil change” analogy (page 36), HQ believes the court rejected that argument when it denied the plaintiffs (enviro groups) their Subpart A claims.

HQ believes CBD issued a less than accurate news release last week by intimating the court cast aside the 2008 travel plan.

CBD News Release

In fact, no remedy has been determined and the decision has asked the parties to address how much of a "remedy" is warranted for technical violations involving such small areas. HQ, on counsel's advice, prefers to leave it at that. We believe it unwise to characterize a court decision that has not yet been made.

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  1. Very important and interesting decision, a must read.

  2. OHV folks must take the time to read this document, and review each step BRC has been involved with. This case is important to District 36 AMA, as the California Enduro Riders Association and Polka Dots MC hold permitted special events with this forest. Knowledge is power, and this document send a powerful message.
    Never give up, and never say die.
    The USFS is owned and funded by us, the US Taxpayer. We have every right to ride and recreate in OUR national forests.
    So, have you written your PERSONAL letter to YOUR Congress representative, and screaming you are tired of your tax dollars being wasted on yet another radical environmental group suing the USFS to stop YOU and your FAMILY from motorized recreation, and wasting yet more time on what I believe is a vexatious litigant?
    Dave Pickett District 36 LAO