LEGAL UPDATE - Minimization Does Not Mean Closure

Example of "Alpine-type" Single Track

 

The Recreation HQ believes two recent federal court decisions support the Forest Service’s authority to designate high-quality alpine-type motorized routes and single track trails despite legal and political objections by anti-access groups.

In early March 2013, the Ninth Circuit Court of Appeals upheld the agency’s right to reopen the South Canyon Road (Jarbidge Road) to motorized use.  HQ believes the court recognized the unit’s efforts to “minimize” environmental impacts of the road in their planning documents.

Link to Jarbidge Decision in the Ninth Circuit Court of Appeals

http://www.courthousenews.com/2013/03/05/55449.htm

 

 

According to the article, the Ninth Circuit 3 judge panel further found that the plan the agency chose for the road, "incorporated several mitigating modifications." These included "minimizing the number of river crossings by heavy equipment during construction;" "clearly marking low-water crossings and posting them with 5 MPH speed limits;" and designing the new road not for passenger cars but four-wheel drive vehicles.

 

Last Friday, a federal court sided with pro-access groups regarding the designation of premium single-track trails found in in the Rico West Dolores area of the San Juan National Forest in Colorado.

 

BRC News Release on Rico West Court Decision

http://www.sharetrails.org/news/2013/03/25/recreation-enthusiasts-applaud-rico-west-dolores-decisions

 

HQ believes these court decisions reinforce the concept that minimization DOES NOT mean elimination. Instead, reasonable efforts to manage or “minimize” environmental or user conflicts in federal planning efforts can often be adopted to keep high quality alpine routes open for OHV use.

 

 

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.

Carnegie, OHV Wars, and a Call to Action

The General has often said that the rewards of being a land-use professional are few. In fact if you are doing your job well - as pointed out in NIMBY WARS - you will be given little if any credit for a win. HQ’s reward comes when a local rider is awakened out of his or her “land-use slumber” and becomes a grassroots leader who works to inspire others to do the same.
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PHOTO: Infamous Carnegie Hoax Fish

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NIMBY WARS Book Review (overview of various roles we play in land-use)
http://thegeneralsrecreationden.blogspot.com/2009/12/book-review-nimby-wars-must-read-for.html

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Such is the case with a new SF Bay Area OHV advocate, Diana Tweedy. She recently wrote a great article in Dirt Rider Magazine (see link below) about her epiphany during the 2009 Carnegie Rally to help keep the SVRA from being closed by a judge’s order.

Sept. 2010 DR MAGAZINE - The Battle for Carnegie and Joining the Fight
http://www.dirtrider.com/features/web_extra/141_1009_carnegie_ohv_state_park_freedom_day/index.html

Tweedy hit several common themes that you have seen articulated at the HQ. Public land recreationists have large numbers and we can win if we put differences aside, band together, AND join BRC and other groups fighting for your access rights.

Some riders may ask, “What has OHV won lately?” Well, Carnegie is still open thanks to the huge turnout at the Freedom Rally where that support gave momentum for the OHMVR Division’s legal efforts to challenge the anti-OHV lawsuit.

Recently, a coalition of user groups won a legal victory where the FS was ordered to reopen OHV trails and campgrounds.

OHV Legal Victory to Reopen FS Trails
http://www.mic.org/news070210.cfm

For some more background info on the 2009 Rally at Carnegie SVRA with links to articles, etc. please go to the blog overview below.

Blog on Overview of 2009 Carnegie Rally
http://thegeneralsrecreationden.blogspot.com/2009/12/miracle-at-18600-corral-hollow-road.html

Tweedy also notes she had often read Jimmy Lewis’ (editor of DR) columns where he urged or pleaded with riders to “get involved” and join BRC and other organizations who are in the trenches fighting the enemy on a daily basis. However, it took a major event such as the imminent closure of Carnegie to wake her up.

Her involvement now gives encouragement to folks like The General and Jimmy Lewis who have been sounding the land-use alarm for many years. HQ thanks her and her friends for becoming soldiers in OHV Wars.

To honor her commitment, HQ requests that you do two things today.

1 – JOIN BRC and a local or state OHV group
https://www.sharetrails.org/secure/join_or_contribute/

2 – Subscribe to DR Magazine
http://www.dirtrider.com/index.html

Without members and member support, BRC cannot do its job. Without subscribers, Jimmy Lewis and DR cannot get the land-use message out to average riders so that when a closure crisis occurs those riders will know what do to (hopefully riders will join before a crisis hits!).

Thanks for your service!

Fourth of July OHV Legal Victory in Montana

Although the Recreation HQ is closed for the July 4th Celebration of our Country, The General wanted to give riders some breaking goods news to enhance the festivities and your spirit this weekend.

On Friday July 2, a federal judge in Montana ordered the Forest Service to reopen about 40 roads and trails and to allow for dispersed camping up to 300 ft. from the route instead of the now infamous “one vehicle length” rule popular in Region 5 and elsewhere.

See the July 2Motorcycle Industry Council’s News Release
http://www.mic.org/news070210.cfm

See the July 3 News Article
http://www.greatfallstribune.com/article/20100703/NEWS01/7030302/Motorized-ban-lifted-for-some-roads-and-trails

The HQ agrees with MIC representatives about the importance of this victory. The General believes this could be a game changer in addressing how TMR is being recast from its original intent into a politically hideous and disjointed hybrid program that is being used on some Forests to enact landscape level closures.

The General is proud of the suit’s legal team of Paul Turcke, Bill Horn, and Ron Cameron. I believe the judge even commended the OHV counsel for a job well done.

This was a team effort and my good friends Russ and Mona Enhes and other groups and leaders deserve some major kudos. This victory proves that we should never give up. Rather, this win should buck us up for other fights.

This Montana victory fills my heart with pride and hope. Freedom is not free and this hard fought and costly legal battle proves that THE PEOPLE can win when they pull together in a just cause.

The General salutes all who worked on and/or supported this legal effort and your country thanks you as well.

SF BAY AREA LEGAL VICTORY at Carnegie SVRA

As some of you may already know, the appellate court basically dismissed the lawsuit against Carnegie SVRA because the plaintiffs did not “exhaust administrative remedies.”

PHOTO: SVRA is OPEN!

Update from the Court on Carnegie
http://appellatecases.courtinfo.ca.gov/search/case/disposition.cfm?dist=1&doc_id=1929498

All of you who helped with the fight to Save Carnegie should be proud of your involvement because it did make a difference! You should celebrate this victory by hugging your loved ones, family, and yes… even your bike, 4wd, or quad.

The Recreation HQ believes we all owe a deep debt of gratitude to OHMVR leadership, the AG’s office, and the CA Water Board for fighting hard to keep Carnegie open and to prevent anti-OHV groups from interjecting themselves as a 3rd party into inter-agency executive branch decision-making.

Congrats on a job well done! Even though we won this land-use skirmish, The General asks that you remain committed to the fight. OHV Wars is not over yet. There are many battles that remain to be fought on lands both far and near to the SF Bay Area.

Thanks for your service.