Lump of Coal - SF Bay Area OHV Park Closure on Dec. 28

A dark storm struck the SF Bay Area today when a California court gave off-roaders a lump of coal followed by a gut punch when it granted a short STAY of the closure of Carnegie SVRA. The STAY expires at the end of business on Monday, December 28. The park will be closed on December 29 unless an appeal (with Divine intervention) is successful. *Even though the OHMVR new release below states the park is open on Dec. 29., I believe the park’s last day is Dec. 28. – will verify.

OHMVR News Release on STAY
http://ohv.parks.ca.gov/?page_id=26096

The General has been in a lot of land use wars since 1990. The private property wars, the timber wars (my good friend was blown up by the Unabomber), the ESA wars, the Clinton-Gore roadless wars, the OHMVR Commission Wars, and now the OHV Legal Wars. It is my feeling that hard core anti-OHV groups may have scored a temporary victory, but they could have made a strategic error by awakening riders in the Bay Area who for the most part were unaware of eco-lawsuits and how they are being used as a weapon against OHV recreation.

Some of you already know about the eco-lawsuit scam. That is where anti-OHV groups file suits mostly on technical issues such as meeting a filing deadline or a resource issue that is already being worked on by the agency. In this day and age, it is very easy to get a court to side with that group against the agency. Hence, that OHV activity, farmer, rancher, builder, ski resort, or timber operation is ordered to halt by the court until that technical correction is addressed.

The General could play this game as well since he could find similar technical issues or resource concerns on any federal Wilderness Area or non-motorized state park. In fact, I have had an environmental group tell me that if I ever “wanted to switch sides” that I could have a job with them. Trust me; there is no land management agency that is perfect. Be assured, this is a power and political play that has nothing to do with “protecting the environment.”

What makes this worse is that enviros claim a win and often collect their tax-payer funded court and lawyer fees and use those funds to go after another victim.

See Story on Eco Legal Scam
http://www.cfact.org/a/1646/Western-Lawmakers-Target-TaxpayerSubsidized-Lawsuits

Yes, California Awards Eco Lawsuits Too
http://www.jacksonforest.com/News/state_pays.htm

More on Eco Lawsuit Scam at Taxpayers Expense
http://www.foxnews.com/politics/2009/11/19/tracking-taxes-environmental-lawsuits/?test=latestnews

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Info on Eco-Hoax Groups - read about a Skunk in OHV Politics
http://thegeneralsrecreationden.blogspot.com/2009/11/skunk-in-co-ohv-politics.html

Most of the phone calls and emails my HQ has received are from riders and families who had never heard of eco-lawsuits, BRC, AMA Dist. 36, or other OHV clubs. On a personal level this closure is a deeply disturbing and ugly turn of events. On a professional level, I believe we must use the new energy (e.g. anger/frustration/determination/commitment) to gear up for this and other land use battles that will be coming at us in 2010.

It is uncertain if an appeal effort by the state will be successful. It looks like riders should be prepared for a 3-4 month closure of the park. Certainly there will be action items like a rally, letter writing campaign, petition signings, protest rides, etc. Also, there may be opportunities for volunteer work parties to help park staff on resource projects during the closure.

In the meantime, if you are not a member of BRC and want to help in the fight then join at http://www.sharetrails.org/

Since BRC works closely with AMA D36 and other groups…join AMA Dist. 36 as well
http://www.ama-d36.org/

*Legal side note: Be aware there was no real effective way for BRC legal or any other pro OHV legal representation to be involved in this case since you had greens on one side… Jerry Brown/AG (a green too) on the other side defending OHMVR, and the court presiding.


At this point, I plan to be at the park on Monday, Dec. 28 at noon and ride with my fellow brothers and sisters and stay until the park closes. I expect that others may join me. Stay tuned to this blog as I will be updating it on a regular basis. I wish I had better news.

Thanks for your service!

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OHV Wars Hit Carnegie Park and the SF Bay Area

The recent turn of events regarding the court order to temporarily close Carnegie SVRA has been a clarion call for Bay Area off-roaders who did not think that the “OHV Wars” would touch down so close to home. That impression is based on the large number of emails and phone calls The General has received by riders – many of which were not aware of how the anti-OHV groups use (or misuse) the courts to enact their political agenda.

Read the Lawsuit
http://www.peer.org/docs/ca/09_17_9_California_Carnegie_SVRA.pdf

As you know, OHMVR has filed a STAY with the court to keep the park open. We should know the outcome of that STAY by late Friday. If the STAY is granted, the park would stay open while various management options are implemented regarding riders in the creek bed, soil erosion, etc.

If the STAY is not granted, OHMVR would file an appeal. Based on the outcome of that action and the negotiations between OHMVR and enviro attorneys, the park might have to close in the near future or mitigations might be agreed to by the various legal parties such as completely fencing off the creek, banning permitted events, longer wet weather closures, etc. or if those future talks were productive the park could stay open until the park receives a waiver or approval from the Water Control Board.

I know a lot of you are chomping at the bit and want to take immediate action to voice your outrage. I don’t blame you.

As a rider and voter you always have the right to call or write your elected representative and I encourage you to do that. However, I am waiting for the outcome of the stay before I initiate
an official action item such as a letter or phone call campaign. The General believes in targeting
our effort for maximum effect. Once the STAY issue is resolved, I will recommend to you the person or body (e.g. governor, state senate or senator, agency representative) that most needs to hear from you ASAP.

Also, once the status of the park is determined there are a number of effective options such as rallies, protests, bumper stickers, t-shirts, fundraisers, etc. that should be on the table for us to consider.

Many of you have asked the famous question…”Why don’t we sue the *$&&#s?” That question or statement while simple albeit appealing on the surface does not appreciate the complex field of battle that OHV now operates in. This case is complex because the Attorney General is Jerry Brown and it is his office that is defending state parks. What you don’t know is that his office often files these types of eco lawsuits against agencies that don’t propose to close enough OHV routes. In fact, BRC/Cal 4WD et al are in just such a case where Jerry Brown wants more Forest Service lands put off limits to OHV.

See Info on So Cal Forests Roadless Lawsuit (we are still in court on this case)
http://www.sharetrails.org/magazine/article.php?id=1594

I know you want a formal action item immediately, but I ask your patience for the next day or so as the STAY issue plays out. As you are learning…not only are ALL land use decisions political decisions but most if not ALL court decisions are political decisions as well. The facts of the case, well reasoned arguments and/or solutions can be, and often are, overlooked by the court and a “Political Decision” is rendered.

Just ask the Timber Industry or Farmers in the Central Valley about political decisions made by the court to put them out of business. Be assured of one thing… OHV is on that same list of activities slated by hard core enviros for extinction. How we react and fight back will determine our future.

Stay tuned for more updates.

Thanks for your service!

Court Orders Closure of CA OHV Park

Winter storms have been pounding the West Coast and California for some time now. However, that is not the only thing “pounding” Californians. The recent court order imposing a temporary closure at Carnegie SVRA is just one “judicial storm” in the current “legal winter” that motorized recreationists are experiencing.

BRC News Release on Carnegie SVRA Closure
http://www.sharetrails.org/releases/media/?story=671

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Enviro News Release
http://www.calsport.org/12-14-09a.htm
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The General believes OHMVR/State Parks will mount an aggressive legal challenge (via a stay and/or appeal) to this outrageous court order. I believe OHMVR will work hard to preserve at least general public access (permitted events may be banned for the interim and use in the creek bed would be restricted) instead of closing the entire park.

Several years ago, Donstradamus told riders that we would be in for some rough times. Well those times are here. This is not a time for hand wringing or casting aspersions but rather a time to man-up and fight back in an effective manner.

BRC stands ready to assist OHMVR defend Carnegie should that opportunity arise. However, these types of cases are very complex and the opportunity for a user group to formally weigh in is limited at best.

Also, the judge involved has a history of arbitrarily “closing stuff” including ordering the shut down of water pumps in the Delta which cut off water to farmers… what makes us think his view or treatment of OHV would be any different?

Shut off of Water – Delta Smelt
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/03/24/NOWATER.TMP&type=printable

I would ask that riders stay tuned to the BRC website or The General’s blog for updated information on if OHMVR is successful with a stay or appeal in keeping Carnegie open for OHV recreation on an interim basis until the park gets a waiver or approval from the Water Board.

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New "Rider-Fit" OHV Laws in CA and OR

I know most of my readers are bogged down just trying to keep up with all the FS TMR related planning documents and proposed closures in the West. Also, enviros are filing lawsuits at an alarming rate against OHV recreation on both state and federal lands.

The General wants you to take a minute from your busy schedules to be aware of new “rider fit” laws in CA and OR.

In CA, AB 134 will take effect on Jan. 1, 2010. Law enforcement officers will be able to cite the parent or guardian for allowing a child less than 14 years of age to operate an OHV when they (because of their size) are either too small or too big from being able operate all controls needed to safely operate the vehicle.

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AB 134
http://info.sen.ca.gov/pub/09-10/bill/asm/ab_0101-0150/ab_134_cfa_20090630_114101_sen_floor.html

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OR’s law is similar but it impacts children under the age of 16.
http://www.oregon.gov/OPRD/ATV/Rider_fit.shtml

I believe one could argue on either side of this issue regarding if “another OHV law” was needed. The main point is that this type of bill has been in the pipeline for several years in CA and to restate a phrase from the Mayor of SF…”This puppy is coming whether you like it or not.” As many of you know, CA passes laws like some riders pass gas while sitting around a campfire telling stories.

What is different about this new OHV law is that legislators used some common sense in crafting this bill. For CA (and OR) this bill could have been a lot worse.

BOOK REVIEW - NIMBY Wars - A Must Read for the OHV Land Use Advocate

NIMBY Wars is a must read for all who are involved in land use advocacy. Regardless of your station in the battle for recreational access to public lands, you will benefit from the insights of this book as it succinctly explains the complex world of land use politics and articulates strategies for success.
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Link to NIMBY Wars
http://nimbywars.com/praise-for-nimby-wars

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It was early in my career of OHV land use advocacy (circa 1991) that I had this epiphany, “All land use decisions are political decisions.” Many club leaders, riders, new activists, and seasoned veterans have heard The General talk about how important it is for all of us involved in land use advocacy to understand that at the end of the day - ALL land use decisions are political decisions.

Sure, scientific studies, reports, biological opinions, and other criteria are certainly factors in the land use decision-making process. However, the politics of the issue will be the last filter through which any decision must pass.

I have tried to explain (often times unsuccessfully) to those new to the field of land use politics the aforementioned thesis. To the normal person just sitting down with the decision-maker and explaining the facts, pointing out good science, offering a common sense solution, or supporting best management practices should be enough to encourage the decision-maker to make the right call. Unfortunately, those factors have little, if anything, to do with the final decision because the final decision is a political decision.

NIMBY Wars is a literary masterpiece that diagrams the bottom-up approach to grassroots activism and the importance of that local citizen (e.g. voter) or citizen’s group in achieving your objective.

You must order this book if you are involved OHV advocacy, the OHV industry, or want to be involved in, or lead, successful political campaigns to champion OHV recreational activities on public and private lands. If you are an experienced land use political professional, it will confirm various concepts and strategies you have employed and teach you new tactics. If you are a new advocate, it will explain the politics of land use decision-making. If you are in the OHV business, it will explain and highlight the important roles of the professional land use consultant and the local user/leader. If you are a politician, lobbyist, or bureaucrat it will explain the history of land use politics and illustrate why and how you make your decisions.

Read this book! It will make you a more effective OHV champion.

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Check Out BRC Online Auction - Auction Ends Soon

Just a quick note for OHVers who might be looking for an off-road internet deal.

As some of you know, BRC has an online auction in play right now. It will be ending soon. In fact, some of the items are ending today.

There is stuff for everything from 4WDs to motorcycles. Check it out.

BRC Online Auction
http://shop.ebay.com/sharetrails/m.html?_trkparms=65%253A12%257C66%253A2%257C39%253A1%257C72%253A2464&_trksid=p3911.c0.m14&_pgn=1

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Coos County OHVers Face Day of Infamy

As a student of military history, The General believes the lawsuit filed on December 7, 2009 by the Center for Biological Diversity et al against the Riley Ranch Project is just
the first in a series of aggressive legal attacks to be filed against OHV recreation interests in Oregon.

See Dec. 7 Article on Lawsuit
http://www.oregonlive.com/environment/index.ssf/2009/12/groups_sue_to_stop_road_buildi.html

(be sure and scroll down to the bottom of the article and read a response/history of project by former Coos County Commissioner and friend of The General and fellow land use warrior – John Griffith)

As some riders in CA know (and OR riders are now finding out), CBD and their enviro buddies are very busy attacking OHV recreation on both federal and state lands.

Actual CBD/PEER Lawsuit filed recently on Eldorado NF
http://sierraconservation.org/Filed%20complaint%20Eldorado%20NF%20TMP%20case.pdf

The BRC Legal Defense Team has been, and will continue to be, engaged in the fight.

See BRC Legal Docket
http://www.sharetrails.org/magazine/article.php?legal=1&nonav=1

The question for OR riders is if they are ready to get some skin in the game and support a strong legal defense of balanced FS travel planning at Riley Ranch and elsewhere?

The General believes the anti-access crowd is watching to see how the OHV community responds to this attack. Just as CA, UT, and other states have seen their share of enviro-lawsuits, I think OR will see a like number filed there against both federal and state OHV travel planning projects.

How OR riders respond to this sneak attack will determine the outcome of the land use battle there and the future of OHV recreation in that state.

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