By now many of you have heard about the 9th Circuit Court of Appeals’ decision that ruled in favor of a common sense travel plan that had been created in an open public process. The 3-judge panel which included retired Supreme Court Justice Sandra Day O’Connor rejected the “arbitrary and capricious claims” made by anti-access environmental groups against the Beartooth Ranger District’s travel plan.
BRC Alert on 9th Circuit Decision (with link to Decision)
HQ believes the OHV Gavel of Justice was used by the court to dull the 40 year old “Nixon/Carter OHV Executive Order’s” blade so often wielded in district courts by hard-core green groups who want to “minimize” (or ban) public access to the FS road and trail network.
HQ hopes this decision will help the agency get on with its work of “managing the lands” instead of spending all of its time and resources battling environmental groups and their attorneys in federal court. It should also make it easier for the agency to bring historic mapped and signed routes into the system
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