Wednesday, November 16, 2011

Donstradamus Predicts Flood of Planning Rule-based Eco-Lawsuits


After watching BRC’s Greg Mumm and other panelists testify at the House Subcommittee on National Parks, Forests, and Public Lands hearing yesterday, I got a sick feeling that I just witnessed the agency’s ill-advised commitment to yet another planning boondoggle similar to the 2005 Travel Management Rule.

To address my nausea, I went online to order some Pepto-Bismol but I got a note back that all lines were busy since it appears that most of the environmental law firms in the U.S. were ordering truffles from France, blowfish from the Pacific, walrus blubber from the Far North, and beluga caviar from Russia in celebration of the agency opening up the door for a guaranteed avalanche of new eco-lawsuits. Those suits will be based on the Forest Service’s inability to maintain species viability that will now extend to fungus, microscopic organisms, and bacteria.

HQ has seen what has happened to OHV recreation when the agency did not adequate protect (according to environmental attorneys and courts) the Spotted Owl, the Goshawk, certain frogs, etc. Now the environmental conflict industry will be filing suits seeking court decisions that will close public lands to multiple-use recreation because human activities may harm bacteria and fungus.

If the agency does not substantively change the final planning rule to address the concerns stated by BRC and other panelists yesterday, the Great Off-Road Prognosticator “Donstradamus” foresees that an incalculable number of eco-lawsuits will be filed based on the vague species viability protection requirements in the planning rule.

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