Showing posts with label BRC Legal. Show all posts
Showing posts with label BRC Legal. Show all posts

Thursday, June 12, 2014

Essential for FS to Use Discretionary Authority in TMR Plans

Don Amador Reviewing Draft Smith River 
NRA Travel Plan with Local Access Leader

As BRC states in its June 9 comment letter on the Smith River NRA Draft Travel Plan,  it believes it is both legally necessary and pragmatically essential that the agency use its discretionary authority to formally establish a functional yet sustainable network of designated routes. 

June 9 BRC Comment Letter with Legal Citations

As both agency staff and recreationists know, various preservationist and anti-access special interests will always incant a litany of alleged legal violations that prevent adoption of an Alternative that designates any meaningful network of vehicle route.  They are certainly entitled to voice their opinions, but the agency should carefully evaluate any such claims and realize they are thinly veiled efforts to advance an agenda that includes significantly reducing, if not eliminating, recreational use of vehicles in the National Forest System. 

HQ believes the agency is empowered to reject these anti-access positions through correct interpretation of the law, as reflected in various recent court decisions cited in the aforementioned comment letter.

There is a growing body of legal decisions that debunk the notion that “minimization” means the elimination of OHV recreation on Forest Service lands.


Tuesday, April 22, 2014

Recent OR Court Decision Good for Both Winter and Summer Motorized Recreation


The Recreation HQ wants to congratulate the Oregon State Snowmobile Association and partners regarding a recent legal victory where a federal court issued a decision  that rejects the “user conflict” and “minimization” arguments filed by anti-access groups.  The case was regarding the Kapka Butte Sno-Park project on the Deschutes National Forest.

OSSA Legal Victory including link to Court Decision

HQ believes there is a growing body of legal cases that are building support for the concept the FS and other federal land agencies can designate roads, trails, and areas for both summer and winter motorized recreation.

HQ Overview of the Minimization Issue

Anti-OHV groups in OR were also rebuked by the court in 2010 when a federal judge rejected their petition to block construction/designation of a short OHV connector trail from Riley Ranch (a county OHV park) to the OR Dunes National Recreation Area.

Riley Ranch Decision

“Minimization” is a ploy anti-access groups have been trying use as a legal tool to force the agency to restrict or even ban OHV/OSV use during travel planning efforts.

OHV users in Idaho won a 9th Circuit Court of Appeals Decision which also nuked the concept of minimizing OHV/OSV out of existence on public lands.

9th Circuit Court Decision in Idaho

There also was another case in the 9th Circuit regarding an AZ BLM travel planning process.

9th Circuit Court Decision in AZ

There are two other recent cases in NV and CO where the court ruled against the concept that minimization means closure. 

NV and CO legal cases

These and other legal cases should help bolster the spirits of users and those agency planners who want to treat all recreation groups in a fair manner.  Minimization and user conflicts are important concepts to remember and address in planning efforts but there are ways to mitigate those concerns other than closure.

Wednesday, October 9, 2013

Shutdown at DOJ Impacts OHV-related Lawsuits!



The Recreation HQ is concerned that OHV-related lawsuits and related management actions could be overlooked victims of the government shutdown.

 
Sequestration had already reduced the number of Department of Justice attorneys that work on resource and recreation legal issues.  There are many unfilled judicial appointments from even before the current belt-tightening further burdened our judicial system.  Criminal cases take priority. The shutdown has prevented DOJ lawyers from appearing or even talking to their agency clients.  District courts are already been focusing their limited resources toward cases with available lawyers and parties, meaning that cases involving federal issues are all ready losing their spots on the docket.
 
When the shutdown is presumably resolved, pro-recreation interests will face new challenges, as we are hearing indications that limited resources in DC and the field will affect the degree to which the federal government will strongly defend Forest Service OHV travel management decisions, or be able to address court-ordered remands or other necessary management actions.

 
To give some perspective, the cases involving the BRC Legal Team include 15 deadlines or hearings between now and the first week of December, including two 9th Circuit arguments.  These hearings are in the process of being extended or vacated as the uncertainty develops.  When the shutdown is resolved, DOJ lawyers will be scrambling to address the backlog that continues to pile up while they are prohibited from working.  The inability to resolve these cases potentially affects not only resolution of long-running cases but on-the-ground recreation options in areas including the Stanislaus, Eldorado, Beaverhead-Deerlodge, Clearwater, Custer, San Juan and Pike and San Isabel National Forests, as well as the Imperial Sand Dunes Recreation Area (Glamis).
 

In short, every day the shutdown continues, OHV-related cases could suffer the long-term consequences of reductions in and redirected priorities for DOJ staff and other federal employees.

 


Tuesday, January 8, 2013

Stanislaus Court Decision and "Minimization"


By now, many OHVers, federal agents, and other observers of motorized travel management have likely heard about the most recent federal court decision in Northern California.  This time the court struck down the Stanislaus NF 2009 motorized travel management decision.  Contrary to enviro spin, the court largely upheld the decision against the green’s standard boilerplate NEPA attack. However, the Achilles heel appears to be the agency's failure to articulate the way in which it applied the "minimization criteria" first outlined in a 1972 Executive Order signed by President Nixon.  This "minimization argument" is the anti-access weapon du jour and it has become very powerful.

BRC Alert on Stanislaus NF Court Decision (with link to court decision)
http://www.sharetrails.org/news/2013/01/08/recreation-advocates-react-stanislaus-nf-court-decision

 
The "minimization criteria" directs federal land managers addressing motorized access to "consider effects...with the objective of minimizing" a variety of factors including damage to soil, watershed, vegetation and other forest resources; harassment of wildlife and significant disruption of wildlife habitats; conflicts between motor vehicle and other uses; and conflicts among different classes of motor vehicle uses.  The "minimization criteria" has been around since 1972 and long received only passing interest, but were included in the 2005 Forest Service Travel Management Rule.  See, 36 CFR 212.55(b).
 

The minimization criteria acquired teeth largely through the decision declaring invalid the Salmon Challis NF travel decision.  This decision was issued in 2011, and is published as Idaho Conservation League v. Guzman, 766 F.Supp.2d 1056 (D.Idaho 2011).  In short, that decision rejected the Forest Service effort to characterize the minimization criteria as providing broad guidance ("consider with objective of minimizing") and interpreted the language as requiring the agency to show, in its NEPA analysis, how it applied the minimization factors in selecting from decision options for specific routes.  There have been several more decisions that have followed similar reasoning.  The decisions to this point have only come from federal district courts, but several appeals from them are pending before the 9th Circuit and it is likely the Court of Appeals will hear at least one of those cases sometime in 2013.
 

The approaches taken by individual Forest Service units to minimization (and other issues) vary somewhat, but the bottom line is that minimization has been addressed in many Forests under a template that is consistently being found deficient in the eyes of the courts.  And there can be a 3 to 5 year time lag between the time the agency conducts its analysis and completion of judicial review.  So the agency has effectively been trapped- it took a similar approach to minimization in the post-2005 rash of travel decisions, and has just recently learned that many of those decisions were apparently built from a flawed decision-making template.  So in a forest like the Stanislaus we have just learned this week that the analysis completed in 2009 was inadequate, based largely on the reasoning of a 2011 court decision.

 

HQ does not feel the latest round of anti-agency minimization decisions will improve agency analysis or on-the-ground management.  We constantly find ourselves asking, how much can our society reasonably demand from land managers who spend years and millions of dollars on decisions that all but universally have to be redone?  Anti-access advocates are driven by complex forces, but we are confident a true desire to carry out President Nixon's vision is far down that list.  Instead they are prioritizing the claim(s) that will best serve them in a never-ending effort to challenge any balance struck by the agency in a system that rewards them handsomely for producing even a flesh wound in the effort.   But we would be foolish to ignore the trend.  As in all aspects of agency planning, we need to work with the agencies to ensure that minimization is properly considered and eliminated as an excuse to second guess agency decisions necessary to ongoing authorization of motorized access.

As Wilderness advocates in the Stanislaus case argue for the closure of OHV routes in roadless areas… it is important to remember that in a previous case… preservationist interests “defended” motorized access to roadless areas in their strong opposition to the intervention of access-advocacy interests in California -- Lockyer et al. v. U.S.D.A., Case No. 05-3508 (N.D.Cal.). That case, consolidated with a similar action brought by private groups led by The Wilderness Society (“TWS”) sought to challenge the 2005 State Petitions Rule. The California Association of 4 Wheel Drive Clubs, United Four Wheel Drive Associations, American Council of Snowmobile Associations and BlueRibbon Coalition moved to intervene. The preservationist plaintiffs opposed, arguing “the interests that the Off-Road Vehicle Groups assert in motorized recreation in roadless areas are not at stake in this action.” Plaintiffs’ Opposition to Motion to Intervene (Doc. No. 79) at 7 Case Nos. 05-3508 and 05-4038 (N.D.Cal.)(March 7, 2006) In reaching this conclusion, the TWS plaintiffs summarized language from the Rule and its associated planning documents, stating “[i]n sum, even if the Roadless Rule is reinstated by this Court as plaintiffs request, it will not prohibit a single person’s off-road vehicle use or close a single off-road vehicle trail as alleged by the Off-Road Vehicle Groups’ declarants.” Id. at 5. The TWS surreply clarifies and extends on these conclusions, again saying the “Roadless Rule does not close any existing vehicular routes (ORV or otherwise) in any National Forest roadless areas.” Plaintiffs’ Surreply in Opposition to Intervention (Doc. No. 100) at 1, Case Nos. 05-3508 and 05-4038 (N.D.Cal.)(March 24, 2006) . That document goes on to address specific routes of concern identified by BlueRibbon declarant Don Amador and says “[a]s to the two routes Mr. Amador might hypothetically use for ORV recreation … neither route is more than 50 inches wide, and therefore the Roadless Rule would not even apply to them.” Id. at 2.

HQ Blog with more "Roadless" Discussion including citation above
http://thegeneralsrecreationden.blogspot.com/2009/08/green-groups-defend-ohv-trails-in.html


Certainly, 2013 will be filled with a number of challenges for OHV recreation… with the ongoing legal battles being front and center in a number of venues.  Stay tuned, it is going to get bumpy this year.

Thanks for your support! 

Monday, June 20, 2011

Recreation Hot Topic at June 22 Congressional Hearing in Wash. DC


The Recreation HQ is very grateful for the opportunity to testify before the House Subcommittee on National Parks, Forests, and Public Lands on June 22, 2011. HQ will be joining a number of distinguished recreation representatives and experts.


Amador will be giving testimony in regards to the ongoing closure of the Clear Creek Management Area. He will be there on behalf of QWR and also be representing the BlueRibbon Coalition as its Western Representative.

There will be a live video feed at the hearing. You can link to it at the video icon on the left portion of the committee website.

House Natural Resources Committee with info on hearing and witness list
http://naturalresources.house.gov/Calendar/EventSingle.aspx?EventID=246553

BRC Media Advisory
http://www.sharetrails.org/releases/?story=738&filter=media

For those who want to read the written testimony with a list of exhibits, please check out the BRC website on Wednesday June 22, 2011 for a News Release with links to testimony and exhibits.

BRC Website
http://www.sharetrails.org/

Also, feel free to check out the QWR blog where there is a copy of the invite letter to testify at the hearing.

QWR Blog with Invite Letter
http://quietwarriorracing.blogspot.com/2011/06/qwr-president-to-testify-at-house.html

Also, thanks to our good friends at SEMA for sending HQ a copy of a news article today about the hearing. It was written before Amador had been officially confirmed as a witness.

Energy and Environment Article with Quotes from Amador and FS


E&E: (06/20/2011)

PUBLIC LANDS: Lawmakers to explore recreational opportunities, controversies

Phil Taylor, E&E reporter

The House National Parks, Forests and Public Lands Subcommittee on Wednesday will explore opportunities and controversies surrounding outdoor recreation on public lands, which include hundreds of millions of acres managed by the Bureau of Land Management, National Park Service and Forest Service.


The hearing will consider recreational access to public lands and the economic benefits of activities such as hiking, fishing, hunting and off-highway vehicles including snowmobiles.



Visits to recreation sites on BLM-managed lands and waters have increased significantly in recent years, numbering well over 50 million in 2008, the agency said. But despite the increased popularity, controversies over management of the recreational opportunities persist.


Don Amador, Western representative for the Idaho-based BlueRibbon Coalition, which advocates for motorized trail access, said he is concerned a 2008 BLM decision to close access to the Clear Creek management area in California is based on flawed science.


"I'd like to question the decisionmaking behind that closure, I'd like to challenge the science that was used," said Amador, who was invited to testify but was not yet confirmed as a witness by publication time. "It's my hope that Congress will take a look at this."


He said he is also concerned with the Forest Service's 2005 travel management rule and argued it has been used to justify landscape-level closures to motorized recreation, particularly for dirt roads that have been in use for decades.

"Literally thousands of miles of those roads have been closed due to misapplication of the 2005 rule," he said.


The Forest Service manages approximately 280,000 miles of forested roads open to motor vehicle use, Joel Holtrop, deputy chief of the National Forest System, told a Senate panel in 2008. A third of the roads that are managed by the agency, or 47,000 miles, are open to motor vehicle use including over-snow vehicles and motorized watercraft operating on water trails, he said.



Conservation groups have warned that an unregulated rise in off-highway vehicles on public lands can imperil wildlife, destroy sensitive vegetation and cause erosion.

"The first motor vehicle driving across a particular meadow may not harm the land, but by the time 50 motor vehicles have crossed the same path a user-created trail will likely be left behind that causes lasting environmental impacts on soil, water quality and wildlife habitat," Holtrop told the Senate panel.


National forests and grasslands annually receive 192 million visits each year by motorized vehicle users as well as those who camp, hunt, fish, horseback ride, bike and ski, among other things.


About 11.5 million visits on national forests involve motorized vehicle activities, the agency said.

Schedule: The hearing is Wednesday, June 22, at 10 a.m. in 1324 Longworth.

Witnesses: TBA.

# # #

Thanks to all for your service and support!

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
http://www.sharetrails.org/releases/?story=736&filter=media

Link to 82 Page Court Decision (a real good read)
http://www.sharetrails.org/uploads/Eldorado_lawsuit_decision_may_2011.pdf

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
http://www.sharetrails.org/releases/?story=680&filter=media

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
http://www.biologicaldiversity.org/news/center/articles/2011/eldorado-05-27-2011.html

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.

# # #

Monday, February 7, 2011

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.

Friday, January 14, 2011

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.

Wednesday, December 22, 2010

Thoughts from HQ on Christmas, New Years, and the OHV Struggle

The Trails You Take in Life are Important
 - Don Amador

The Recreation HQ wants to wish all its readers a very Merry Christmas and a Happy New Year. The General believes that OHV may be starting to turn the corner in the land-use fight.


Sure, there have been some setbacks such as the “cost recovery” issue that effectively stopped a number of historic enduros held in the Sierra Nevada, CCMA remains closed, enviros filed new “Subpart A” lawsuits against the FS in CA, NV, and ID, and non-street legal and street-legal OHVs have been banned on many historic trails (i.e. unauthorized routes) and forest roads.

However, looking on the bright side OHV does have some good news. Here are just a few: BRC legal and partners got the court to rule against the closures in the Little Belts Travel Plan; a stipulation was signed on the Six Rivers National Forest case to help stop illegal road ripping; a potential disaster in the So Cal Roadless case was averted because of OHV legal involvement; OHV leaders encouraged the FS to hold off implementation of Subpart A in Region 5 and elsewhere, BRC legal and partners successfully intervened in the ongoing Eldorado NF lawsuit and the new Subpart A lawsuit on the Stanislaus NF; and OHMVR is working on its own asbestos study that could help in the fight to reopen CCMA. OHV/BRC legal and partners argued before the 9th Circuit Court of Appeals and it was captured on video -- and they did a darn good job!

There are many other good news items such as the fact that Carnegie SVRA (under threat of a court ordered closure last Christmas) is still open. Also, the Mendocino National Forest just went back to its old “2 inch rain policy” so that it would not be closed all winter by an ill-advised ad hoc “extended rain closure” policy. And, the Shasta Trinity National Forest has not yet published its MVUM, which is the implementation tool for the TMR FEIS/ROD. HQ believes that Forest wants to work with the OHV community and develop a real program with an official OHV trail coordinator that will work on post Subpart B project level trail efforts. There are other good news stories too.

Finally, a lot of you got involved in the political process this election cycle. While OHVers may not have gotten the results they wanted in CA, OR, NV, and WA, the off-road voter did help boot out anti-OHV legislators in other states on November 2 and we now have pro-OHV and pro-access chairmen in various House committees.

HQ believes that 2011 will be very busy on the land-use front and encourages the OHV community to stay engaged and be of good cheer. There are sure to be a lot of ongoing and new battles that we must fight. However, HQ believes there is a light at the end of the tunnel and looks forward to celebrating many new victories with my friends next year.

There are too many partners to thank and name in the above issues, but you know who you are and I appreciate your support, friendship, and commitment.  All of the above victories and ongoing fights are a TEAM effort.

Merry Christmas and Happy New Year!

The General
PS – Now enjoy some time with your family… That’s an order!

Wednesday, December 8, 2010

OHV Legal Effort Takes Forward Step


Good news from HQ. Over the past several years, riders have asked why BRC does not file complaints instead of just intervening? Well, that is a complicated issue but to make it simple, it is harder than most realize to win against the federal government. Even green groups lose a lot of the time. And it is far more challenging for access interests to win OHV/access complaints against the federal government.

One reason is that current environmental law (ESA, CWA, etc) and the courts give a huge edge to suits filed by green groups. OHV does not have its version of ESA upon which to base a lawsuit. However, this case presented a rare opportunity to allege arbitrary road closures without a public process and that the MVUM was adopted without following proper procedure.

See BRC News Release on Legal Stipulation Approved by Court
http://www.sharetrails.org/releases/?story=715&filter=media

As some riders know, The General (on behalf of BRC) has been working on federal access issues on the CA North Coast since the late 1990s. One of those issues was the rumored Smith River NRA's habit of closing or permanently decommissioning roads without public notification. Also, HQ heard concerns
about a number of historic jeep trails that were closed in the recent MVUM.

To the agency's credit they convened a stakeholder group that was professionally facilitated by the Center for Collaborative Policy. The Center held the group's feet to the fire to participate in a substantive
manner to resolve access issues on a number of roads including 305.125 (see video)

Youtube of Jeep on 305.125 - "Let's keep it open."

http://www.youtube.com/watch?v=2nU194f-ksU

HQ believes the collaborative process also helped the agency in its decision to inform the parties before it performs "ground-disturbing activities" to permanently remove a road from public use.

In OHV Wars this is one small step forward that we all should enjoy. Even my enviro friends should feel some pride that we collectively were able to sit down and hash out some very contentious issues in a civil manner.
 
Donate online (and in the contribution instructions space – type in “Six Rivers Lawsuit”

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

If you want to support the work of Don Amador as BRC Western Representative on projects like the Six Rivers to do the foot work in preparation of the administrative record (i.e. prep. for suit/appeals) etc., please go online below and type in “western rep. expenses” (that helps support my work at BRC)
https://www.sharetrails.org/secure/join_or_contribute/?c=1

Thanks for your service!

Friday, October 22, 2010

Massive OHV Legal Win in 8th Circuit Court of Appeals


The Recreation HQ is proud to share this recent and historic pro-OHV legal victory in the 8th Circuit Court of Appeals.


See BRC News Release on This Victory
http://www.sharetrails.org/releases/?story=709&filter=media

Link to Decision (a good read)
http://caselaw.findlaw.com/us-8th-circuit/1541421.html

Decisions like this don't just happen, and this is a satisfying turn in a climate of endless anti-OHV litigation being filed against the Forest Service by radical environmental groups seeking to impose their "vision" (I call it a nightmare) of what a forest should look like.

Many of these “visions” include the creation of imaginary buffers around non-motorized land classifications that extend onto motorized areas. Also, these eco-hallucinations include banning OHV use in areas because of perceived impacts to flora and fauna and/or failure of the agency to complete endless studies of same.

OHV continues to get pounded by the anti-OHV crowd, but this victory (and some others coming soon?) may help ease the pain and give hope that we are not fighting a losing battle.

Donations are needed to support the work of the BRC. Please consider a donation so we can continue our effective efforts to champion and protect responsible OHV recreation.

Donate to BRC Legal Fund – tax deductible
https://www.sharetrails.org/secure/join_or_contribute/?c=1

Donate to Support the Work of the BRC Western Representative (type in “western rep” in “contribution instructions” icon – tax deductible
https://www.sharetrails.org/secure/join_or_contribute/?c=1

To Support the Non-BRC Work (political, special projects, etc) of the Quiet Warrior send non-tax deductible support to:

Quiet Warrior Racing
555 Honey Lane
Oakley, CA 94561
Email: damador@quietwarriorracing.com



Thanks for your service and support!

Thursday, October 21, 2010

New "Subpart A" lawsuit filed against Bridgeport Ranger District's Travel Plan

The General on an ATV near Carson City


Recently the Recreation HQ posted an article about the green’s “lust for closures” based on their new “Subpart A and Roadless” lawsuit filed against the Stanislaus National Forest’s Travel Plan.




Green Lust for Closures
http://thegeneralsrecreationden.blogspot.com/2010/08/new-green-subpart-lawsuit-shows-lust.html


Now it looks like CBD basically cut and pasted their legal tenets of the Stanislaus case in the new suit filed against the Bridgeport Ranger District in Nevada.

New CBD Lawsuit Filed in Nevada Against the Bridgeport Ranger District
http://www.biologicaldiversity.org/news/press_releases/2010/Bridgeport-ORVs-10-20-2010.html



Article about Lawsuit (with quotes from BRC’s Brian Hawthorne)
http://www.rgj.com/article/20101021/NEWS/10210319/1321/news



HQ has warned riders that we are entering the middle of OHV Wars and this new attack by CBD et al is nothing more than an effort by them to get a judge in some venue to issue a court order that defines the “minimum road network” in future Subpart A travel planning. The concept of a minimum road network has been around for a long time. The danger here is that enviros want it defined in a court. Not a good thing for access interests!



As recreation groups review and prepare for a possible intervention in the Stanislaus case, riders in Nevada will have to decide it they want to fight this attack on a popular riding area in the Carson City area.



Thanks for your service and support!

Monday, August 30, 2010

"Designate the D#@& Trail" - Next Steps in TMR


During the recent Gulf Oil Crisis, many of us remember when President Obama issued the order to BP to, “Plug the D$%# Hole.” In a similar vein, The General is urging the Forest Service to, “Plan for and Designate the Darn Trail.”
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PHOTO: One of the Historic (and signed) OHV Routes closed in Shasta T ROD.
*

The agency has boldly proclaimed at public meetings and in most TMR Subpart B planning efforts that the Record of Decision’s route network was only the foundation of its OHV trail system and that more planning and designations would take place.

Even if you have disagreed with your local Forest’s recent TMR ROD, you should be asking the District Ranger or Forest Supervisor if they will live up to their promise to do subsequent project-level trail planning.

Right now, each Forest is planning their work schedule for FY2011 which starts October 1, 2010. Here is an outline of that effort.

1 - The Forest Leadership Team (FLT) should be in the process of making a decision if a trail planning project(s) will be included in the FY2011 Program of Work (POW). That decision will be finalized in a preliminary format in the next week or two.

2 - If the FLT approves a trail planning POW, the Forest Supervisor must make the final decision to adopt the project (the Regional Office will have to concur). If adopted they should establish the prioritization and expectations for attainment of the project and how it balances with other the Forest POW. The trail projects should be hard targets. If identified as soft targets (i.e. not very important) – they won’t get done.

3 - If a trail project is adopted and prioritized it must be identified in a Forest Program Work Plan (PWP).

4 - Fiscal and Performance Accountability - this is where the plan must identify the necessary fiscal and staff resources for accomplishment.

Should a Forest decide to go forward with trail planning projects, the agency will take the appropriate NEPA procedural steps (such as issuing a SOPA) so that it can be prepared to submit a trail planning grant to a relevant state OHV grant program (various states such as CA, ID, OR, CO, etc. have a grant program).

OHV organizations and The General were assured by FS leadership back in 2002 that the CA RID Process (and the subsequent 2005 TMR) was not going to be used by the agency to effect landscape level closures to non-street legal OHVs. Tragically on many Forests throughout the country, that was a false promise.

Let’s see if the agency attempts to regain its credibility with the public by keeping the ROD’s promise of doing subsequent project-level trail planning. You will know in the next few weeks.

Wednesday, August 25, 2010

OHV Legal Fundraising Fatigue


As part of his work for BRC, The General is often given the lead regarding fundraising for legal efforts in his district. What has always been a difficult job has now become even more troublesome given the ongoing economic crisis in the country.
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PHOTO: The General on a Designated Trail in Six Rivers NF
*

First, HQ wants to thank all of you (and you know who you are) who have donated to BRC’s legal efforts in CA including Six Rivers, Eldorado 2, So Cal Roadless, Clear Creek, and CDCA WEMO-NECO.

Link to Page 16 of Current BRC Online Magazine’s Legal Update
http://www.sharetrails.org/uploads/BRM_AUG-2010-Legal-Update.pdf



Second, HQ wants to encourage all riders -- who have promised to support BRC legal efforts but have not yet donated funds -- to go online and make that donation now.

HQ understands the difficult economic situation faced by many OHV families and businesses. If you are able to fulfill that commitment (a promise that TG is counting on), please go online and make that legal donation today at:

BRC Online Donations
https://www.sharetrails.org/secure/join_or_contribute/?c=1


HQ thanks you in advance for your review of this request. Your fiscal support – or lack thereof - for these cases will be used as a decision metric for OHV involvement in future litigation. A special salute to those who have and are continuing to make fiscal donations to our legal efforts.

Contact info for The Recreation HQ

Recreation HQ
555 Honey Lane
Oakley, CA 94561
Email: damador@cwo.com





Tuesday, May 18, 2010

Historic Lawsuit Filed in Northern California to Challenge Illegal Road Ripping


The Recreation HQ wanted to let his readers know that a very historic and important proactive OHV access lawsuit was filed on May 13 in federal district court in SF to challenge illegal road ripping (i.e. decommissioning) and the publication of Motor Vehicle Use Maps without a public process.
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PHOTO: New "Culvert Canyon" created during rainy season
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The General believes this is the first time in CA where a county has joined access interests to challenge illegal road closures by the federal government. The importance of this case cannot be overstated since aggressive road ripping appears to be a key tenet of the preservationist groups as it relates to TMR.

It appears that some or all of this case will be heard in Eureka by Judge Nandor Vadas.

BRC News Release with Photo of “Culvert Canyon”
http://www.sharetrails.org/releases/?story=697&filter=media


With thousands of miles to roads and trails being “identified” in TMR for closure, it is important that OHV makes sure the FS does the site-specific NEPA required for ground-disturbing activities and not use MVUMs as a closure tool to pre-ordain which roads and trails will be permanently removed from future public use.

If you are one of those riders who said they were waiting to donate to a “pro-active” lawsuit to protect access… well here is that case and your chance to pony up. The OHV community at large cannot expect small local clubs to foot the bill on this historic and potentially groundbreaking case.

To Donate Go to:
https://www.sharetrails.org/secure/join_or_contribute/?c=1

and type in amount and in the special instructions space type… “Six Rivers Lawsuit”

Feel free to comment on this blog or send The General a private message



Thanks for your support and service!
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Tuesday, April 20, 2010

Clear Creek Update - OHV 24 - BLM 21


The General is glad to be back at the Recreation HQ after spending the last 6 days in the field attending meetings and doing some recon.
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PHOTO: This is the warning sign for swimmers at Orick Beach in the Redwood National Park. Note that the Park is keeping count of the people who have died swimming since 2004 (click on photo to enlarge). This is what the BLM should do at CCMA - simply post signs and publish concerns on the visitor maps
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April 19 marked the end of the 45 day extension of the public comment period for the Clear Creek DEIS. The Recreation HQ believes we may have turned the corner in the battle to reopen CCMA to historic OHV use when the San Benito County BOS voted to reopen 25 miles of county roads in the unit and send letters to the BLM in support of Alt. A.

Background info on BOS vote and WND Article
http://thegeneralsrecreationden.blogspot.com/2010/04/off-roaders-blamed-for-county-vote-to.html



The Recreation HQ wants riders to have copies of the BRC Legal and BRC Western Rep. comment letters that were submitted on March 4,5 and April 19. Note that BRC brings up the faux liability issue (among other issues) and demands the DEIS be withdrawn and/or a supplemental DEIS be issued.

Faux Liability Issue
http://thegeneralsrecreationden.blogspot.com/2010/03/faux-liability-issue-at-ccma.html






If the CCMA battle was a football game, the Recreation HQ believes that we are in the 3rd quarter and the score is now OHV 24 HFO 21. Just what the score will be at the end of the game has yet to be determined. That score will depend on your continued efforts to reopen the area.

The General looks forward to riding on the reopened roads once the signs are installed by the county works department.and riding on the OHV trails once CCMA is reopened.


Wednesday, March 3, 2010

NATIONAL CALL TO ACTION - Send Letter Today to Save Clear Creek


The Recreation HQ is issuing a national CALL TO ACTION and asking riders and other public land interests throughout the country to send a loud and important message to the BLM that OHVers want valid science to be used in the decision-making process and not the fatally flawed 2008 EPA Asbestos Risk Assessment.
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PHOTO - Help Give the CCMA DEIS The Boot!
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Also, The General is concerned the BLM risks creating a new and arbitrary “health risk paradigm” at CCMA that is unwarranted and in fact actually creates a liability for the agency at CCMA and other recreation sites (naturally occurring asbestos is in 43 counties in California) where none has historically existed. Via the Federal Tort Claims Act, Congress has indemnified the agency as long as the land manager informs the public (usually through signing prescriptions and educational outreach) of the health or safety risks. Why has the BLM’s Hollister Field Office selected this unwise pathway? It looks like the Hollister Field Office has opened a legal “can-of-worms.”

If there is one action item you do this week, The General believes it should be sending a letter (you can use the BRC’s letter generator linked below) to the BLM by the end of business on March 5, 2009. DON'T FORGET TO ASK THE BLM TO INCLUDE YOUR COMMENTS IN THE PUBLIC RECORD!

Please fwd the BRC alert with letter generator to your OHV rider email lists and/or business networks. The General remains committed to trying to reopen “The Creek” for historic OHV use. Be sure and add a paragraph detailing your history and interest in CCMA. Equestrians, mountain-bikers, and gem collectors who value public land access can use this letter generator as well.

BRC’s Action Alert with Letter Generator
http://www.sharetrails.org/letters/letter.php?id=50
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Link to OHMVR Commission Letter


Send this letter TODAY. This is one battle we must win in OHV Wars. I don’t want OHV to meet the same fate as my good friends in the forest products industry did during the Timber Wars in the 1990s.

--- The General

Monday, February 1, 2010

Pulling Culverts/Ripping Roads Requires Site Specific NEPA


On January 5, The Recreation HQ published a blog regarding a potential new direction for OHV litigation

Photo: A photo of a culvert that was pulled without site-specific NEPA/public involvement. Funny there is no outcry from eco-groups because in this case... the agency was "closing" a road to all public use. (click on photo to expand it)


On that date, The General asked the troops to keep an eye open for aggressive and potentially illegal federal road decommission projects. The HQ is afraid that some agency units are using TMR (which only identifies the specific routes and seasons of use available for motorized travel) as the inappropriate planning document to authorize aggressive road decommissioning that includes the following ground-disturbing-activities (e.g. pulling culverts, ripping road beds, and recontouring the road prism, and digging tank traps).

Some federal units (see above photo) appear to be using NEPA exempt routine road maintenance authority as cover to go out and obliterate roads. As most of you should know by now, agency actions that include ground disturbing activities (such as pulling culverts and digging tank traps) require project level site-specific NEPA. Approval from USFWS and water boards are often needed as well. Those projects require public notice and involvement.

OHVers, equestrians, mountain-bikers, firefighters, woodcutters, and other access interests cannot stand by while federal agencies use TMR as the driving force to illegally decommission our roads and trails. Be sure and contact the Recreation HQ if you have an example of a road that was decommissioned without the proper NEPA document.

2010 may be the year we have to draw a legal line in the sand on this issue.

Thursday, January 28, 2010

The Creek Song - A Song Dedicated to the CCMA Battle


As the Clear Creek saga continues, there are a lot of ways to fight back and contribute to the battle. Many have and will make fiscal donations, write comments, attend meetings, and join and get friends to join OHV organizations.
Photo: A couple of riders enjoying a trail at CCMA when it was open for OHV use

A unique way that one person has contributed to the Clear Creek effort is to write and sing a song dedicated to all those who are fighting the good fight.

The General encourages dirt-bikers, ATV riders, club members, 4WDers, rockhounders, gem collectors, hunters, and others who want to see CCMA reopened to visit the Friends of CCMA website and listen to The Creek Song.

The Creek Song (just click the play button on the song)
http://www.foccma.org/html/articles/clearcreekvideo.html




A big salute from the Recreation HQ to all of you who are working to reopen CCMA!

Wednesday, January 20, 2010

BRC/OHV Groups File Motion to Intervene in Eldorado Lawsuit


As BRC and its partners file a motion to intervene in the Eldorado lawsuit which was filed in the Fall of 2009 by anti-OHV groups, some of you may want to ask why do you have to file a motion to intervene v. just filing your legal intervention?
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Photo: Single Track Trail on Eldorado NF
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The answer is complex, but The General will try and do his best to explain. Historically, 9th District Courts have taken a position on several important points regarding OHV-related litigation. They often take the position that NEPA/APA was never created to protect the public interest as it relates to pro-OHV access and recreation. They also have created an extra legal hurdle that makes it hard for pro-OHV legal interests to intervene in lawsuits where OHV groups want to protect/defend FS and BLM recreational opportunities. Those “OHV legal positions” are not held by other federal court districts.

BRC News Release on Motion to Intervene in Eldorado Lawsuit
http://www.sharetrails.org/releases/?story=680&filter=media



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*Note of interest for Carnegie folks.- Our good friend, Karen Schambach, who is at the center of the Carnegie lawsuit via her position at PEER, is also the kingpin for the Center for Sierra Nevada Conservation which filed the Eldorado lawsuit to stop OHV recreation.

Karen at PEER
http://www.peer.org/about/staff.php


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Although enviro groups often claim to be champions of fair and open debate, isn’t it funny that those same groups are trying to prevent BRC and its partners from filing our intervention on their Eldorado lawsuit? (that is why we had to file a motion to intervene)

To join BRC and/or make a donation to our legal effort against more land closures, you can go online at: (you can direct funds to general legal or specific cases)

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



Stay tuned as 2010 will be a very active legal year for OHV interests.

Thanks for your service!