Thursday, April 19, 2012
Thursday, April 12, 2012
Wednesday, April 4, 2012
HQ believes that U.S. District of Montana Judge Molloy in his April 2 Decision issued more than a slight rebuke to the current TMR- related closure-oriented legal paradigm that OHV users are facing in Western courts. Molloy’s order appears far from the wrench that anti-access advocates hoped to toss in the works:
Link to April 2 Molloy Orderhttp://www.sharetrails.org/uploads/Molloy.Order_RE_MSJ_04-02-12.pdf
Judge Molloy’s latest decision is serendipitously timed as lead plaintiff Wildlands CPR defends itself against concerns from those who wonder whether a frequent litigatory combatant should be writing a key FS trail guide.
HQ Blog on FS/Wildlands Trail Guide Scandalhttp://thegeneralsrecreationden.blogspot.com/2012/03/hq-review-of-new-fs-318-page-ohv.html
Stalwart road/trail warrior Paul Turcke lined up again in this one against Goliath on behalf of intervenors Montana and Idaho State Snowmobile Associations.
For students of the judicial process there is some very solid language coming from Judge Molloy regarding the nature of review, jurisdictional principles, deference to the agency, and lessening the need for the agency to perform “exhaustive” site-specific analysis when designating a route. The Court rejected the “home run” challenges against the Subpart C “exemption” of the Forest Service Travel Management Rule on the jurisdictional grounds advanced by MSA/ISSA.
Additional points – the court discussed non-motorized v. motorized impacts to wintering wildlife and conflicts of use between the same.
The General is not the most famous snowmobiler, but HQ believes this decision reflects awareness and outlines legal principles to dismantle the green’s legal “house of cards” when it comes to TMR-related lawsuits.
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Posted by Don Amador at 4:23 PM
In 2005, I wrote my “I Have a Dream” article about the time when various user and conservation groups might find a way to work together to manage public lands.2005 I Have a Dream Article by Amador
After reading Peter Kareiva’s “New Environmentalism” article, I feel that we may be a bit closer to that reality. Kareiva is a chief scientist at The Nature Conservancy.
Peter Kareiva’s Essay on New Environmentalismhttp://breakthroughjournal.org/content/authors/peter-kareiva-robert-lalasz-an-1/conservation-in-the-anthropoce.shtml
E&E News Article on Kareiva’s Essay – A long read but worth ithttp://www.eenews.net/public/Greenwire/2012/04/03/1
As somebody who worked in the timber industry back in the 1970s, I appreciated where – at the end of the article – Kareiva extended a literary hand of friendship to “loggers.” Maybe one day, that hand will be extended to the OHV community as well. In some places, I think it already has.
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