Missoula Court Cites 9th Circuit Victory

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.

High Country News Explains 9th Circuit Court of Appeals Victory

A lot of riders cheered our recent legal victory when the 9th Circuit Court of Appeals overturned its long-standing “federal defendant” rule making it easier for OHV, timber, ranchers, and other natural resource interests to intervene in environmental lawsuits.


However, many users did not really understand what it actually meant to the OHV community and the impact it would have on the access fight. Fortunately for HQ readers, our friends at the sometimes-left leaning High Country News published an excellent article that helps explain the court ruling.

High Country News Article (a good read)
http://www.hcn.org/issues/43.2/western-court-scraps-intervention-restrictions-for-environmental-lawsuits

If you would like some more background on this court ruling you can ck. out the Jan. 14 blog link below that has a video clip of the attorneys arguing before the court panel.

Jan. 14 Blog on Case with video link
http://thegeneralsrecreationden.blogspot.com/2011/01/major-ohv-legal-victory-today-9th.html

This legal win is something that you all should be proud of.

MAJOR OHV LEGAL VICTORY TODAY - 9th Circuit Strikes Down "Federal Defendant" Rule

LET'S KEEP OUR TRAILS OPEN

The Recreation HQ wants to salute the BlueRibbon Coalition Legal Defense Fund’s lead counsel, Paul Turcke, the BRC and all the groups that supported this effort including those who filed “friend of the court” briefs including the MIC and other access interests on this historic legal victory today in the 9th Circuit Court of Appeals.


According to the BRC News Release, “Today the Ninth Circuit Court of Appeals announced an historic decision to abandon its so-called "federal defendant" rule. The rule categorically prohibited private parties, as well as state and local governments, from intervening of right on the merits of claims brought under the National Environmental Policy Act (NEPA).”

BRC January 14, 2011 News Release on 9th Circuit Court of Appeals Decision
http://www.sharetrails.org/releases/?story=724&filter=media

The HQ has been following this issue for some time including posting a blog on December 14 where BRC and MIC counsel (as well as The Wilderness Society’s attorney) argued before the Court. A great video of this legal football game is linked to in the HQ Dec. 14 Blog

HQ Dec. 14 Blog on “Must See Legal TV”
http://thegeneralsrecreationden.blogspot.com/2010/12/must-see-legal-ohv-tv-brcmictws-counsel.html

NYT Article Today on OHV Win
http://www.nytimes.com/gwire/2011/01/14/14greenwire-court-ruling-opens-door-for-intervenors-in-west-1120.html

ENN Article on Victory
http://www.ens-newswire.com/ens/jan2011/2011-01-14-091.html

Cattlemen Applaud Victory
http://www.drovers.com/news_editorial.asp?pgID=675&ed_id=8422


Let those of you in the OHV community who always feel that off-roaders never win in court… please savor this victory. Enjoy a great dinner with your family, go for a trail ride, or shout from your roof or RV trailer top.

If you want to send Paul Turcke a personal congrats… here is his email address:
pat@msbtlaw.com

Have a great weekend my OHV family! And, never ever give up.

MUST SEE LEGAL OHV TV - BRC/MIC/TWS Counsel Argue Before the 9th Circuit

Stop and Watch OHV Court TV

It’s not often that riders get to see an OHV “legal football game” on TV. However, in BRC’s News Release today you will see OHV attorneys and counsel from The Wilderness Society argue before the U.S 9th Circuit Court of Appeals in what the HQ feels is an important case.

BRC News Release on en banc review
http://www.sharetrails.org/releases/?story=717&filter=media

MUST SEE OHV TV - 25 Minute Video with BRC’s Paul Turcke/Lead Counsel and MIC/SVIA’s Paul Gale/Friend of the Court, and Megan Anderson/The Wilderness Society
http://www.ca9.uscourts.gov/media/view_subpage.php?pk_vid=0000006124

In the 9th Circuit it has been hard at times for “conservative” interests (i.e. OHV, timber, businesses, etc.) to intervene in environmental lawsuits. Often those conservative interests are only given “limited intervenor status" instead of full intervenor status. Instead of having a seat at the table during discussions and more importantly during the remedy phase negotiations of the suit -- those conservative groups have been told to sit at the back of the legal bus and only given minor roles.

Having been in federal court a number of times with Turcke and other attorneys (both OHV and green), I found this 25-minute video highly fascinating. The General thought Turcke did an excellent job of giving the court his perspective from the trenches on why full intervenor status is important. HQ thought Gale gave the court a good historical perspective on this issue.

On the other hand, I did not think the court was overly impressed with Anderson’s somewhat nuanced presentation.

It’s hard to predict what the court will decide. However, riders can be assured that BRC legal and friends are out there on the judicial football field engaged in timely and effective legal actions to preserve and protect continued OHV access to public lands.

Thanks for your service and support!

PS: I know BRC would appreciate a donation to help support this case. If you are able, please donate to this case which stemmed out of the original Sawtooth NF lawsuit.  Go online and in the contribution instructions type in "Sawtooth Lawsuit en banc review"

DONATE HERE
https://www.sharetrails.org/secure/join_or_contribute/?c=1