Famous Eco-Law Group Closes its Doors

By now, many HQ riders know about the recent departure of Carl Pope from the Sierra Club and the 31 % cut in staff made by The Wilderness Society over the last year.


HQ believes much of that is based on a downturn in the economy that has hit basically all non-profit land advocacy groups. Also, with most if not all “Wilderness quality” lands being already designated by Congress as federally designated Wilderness, pro-Wilderness groups may have become less relevant in 2011.

HQ was also surprised to learn today that a rather famous environmental law-firm had recently closed its doors. Wildlaw, who had hired a former Bush-era cabinet member as their lobbyist in Washington DC, specialized in anti-OHV and anti-timber lawsuits.

Wildlaw Hiring Mark Rey as their Eco-Lobbyist
http://missoulanews.bigskypress.com/missoula/mark-rey-resurfaces/Content?oid=1148317

Wildlaw Statement on its Closing
http://www.wildlaw.org/

HQ believes there is a paradigm shift underway in this country. The proponents of hard-left land-use politics will fall by the trailside and be replaced (or evolve) into more mainstream environmental or conservation groups who have a desire to work collaboratively with OHV organizations and leaders on projects that both protect the environment and allow for responsible OHV recreation on designated roads, trails, and areas.

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Donstradamus Predicts Flood of Planning Rule-based Eco-Lawsuits

Donstradamus

After watching BRC’s Greg Mumm and other panelists testify at the House Subcommittee on National Parks, Forests, and Public Lands hearing yesterday, I got a sick feeling that I just witnessed the agency’s ill-advised commitment to yet another planning boondoggle similar to the 2005 Travel Management Rule.

To address my nausea, I went online to order some Pepto-Bismol but I got a note back that all lines were busy since it appears that most of the environmental law firms in the U.S. were ordering truffles from France, blowfish from the Pacific, walrus blubber from the Far North, and beluga caviar from Russia in celebration of the agency opening up the door for a guaranteed avalanche of new eco-lawsuits. Those suits will be based on the Forest Service’s inability to maintain species viability that will now extend to fungus, microscopic organisms, and bacteria.

HQ has seen what has happened to OHV recreation when the agency did not adequate protect (according to environmental attorneys and courts) the Spotted Owl, the Goshawk, certain frogs, etc. Now the environmental conflict industry will be filing suits seeking court decisions that will close public lands to multiple-use recreation because human activities may harm bacteria and fungus.

If the agency does not substantively change the final planning rule to address the concerns stated by BRC and other panelists yesterday, the Great Off-Road Prognosticator “Donstradamus” foresees that an incalculable number of eco-lawsuits will be filed based on the vague species viability protection requirements in the planning rule.

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.

An OHV Christmas Miracle - A Case Study in Perseverance

QUOTE OF THE DAY

Perseverance is not a long race; it is many short races one after another. ~Walter Elliott, The Spiritual Life

Many of us fondly remember the original “Miracle on 34th Street” movie (I did not like the remakes). The Recreation HQ believes that OHV may have its own version of that movie for this Christmas called the “Miracle on the Gasquet-Orleans Road.”

Triplicate Article on Miracle
http://www.triplicate.com/20101213110976/News/Local-News/Forest-access-deal-may-end-suit

HQ riders have been following the recent developments of the stipulation signed by the court regarding the Six Rivers NF lawsuit that addressed ad hoc road ripping without public notification and an unfair MVUM that had closed several important jeep trails.

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

HQ Blog with History and Overview of Six Rivers Case
http://thegeneralsrecreationden.blogspot.com/2010/12/ohv-legal-effort-takes-forward-step.html

The General believes that this tactical suit was key in bringing the environmental groups to the table. I don’t think the collaborative stakeholder process would have successfully resolved the issues surrounding several important and historic jeep trails (or the ad hoc closing of routes) without the litigation.

Is this lawsuit an OHV version of the Normandy Invasion? No. However, it is a key battle in OHV Wars and one that is worth the fight.

Thanks for your service and Merry Christmas!

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!

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!

Dark Ages and Large Buffer Zones Return to Congress

As certain congressional representatives voted against giving H.R. 1254 an affirmative recommendation to force the Department of Interior to hand over approximately 2,000 pages of documents that are being withheld from Congress, The General is reminded of the Dark Ages where information was also withheld from the public.

*Photo: The General on a designated OHV trail in the middle of the proposed Stonyford Obamument

May 5 info on the 2,000 pages of info being withheld from Congress
http://republicans.resourcescommittee.house.gov/News/DocumentSingle.aspx?DocumentID=184053

*
March 17 BRC FOIA Appeal on Stonyford Obamument
http://thegeneralsrecreationden.blogspot.com/2010/03/obamuments-april-16-white-house.html

May 5 News Release with links to video clips of House testimony today
http://republicans.resourcescommittee.house.gov/News/DocumentSingle.aspx?DocumentID=184379

The General also wants riders to know that he, on behalf of BRC, has contacted DOI’s
Open Government Initiative today reminding them of Obama’s directive to share information with the public and to get a status report of BRC’s FOIA Appeal.

Info on DOI Open Government Initiative
http://www.doi.gov/open/

BRC legal is also watching this issue and may have to file a lawsuit demanding the agency turnover information regarding the Stonyford Obamument as requested in the Feb. 19 FOIA/March 17 FOIA Appeal.

The Recreation HQ will keep you advised regarding DOI’s response to our request for a status update on the BRC FOIA Appeal.

HQ also wants to thank the Members of Congress who fought for our access rights today regarding H.R. 1254. Congressman Rob Bishop should also be commended for his fight today to try and include amendments that would prevent anti-access groups from basing “closure” lawsuits on arbitrary “buffer zones” that extend for 200-300 miles around the boundaries of National Monuments and National Parks.

Let’s all hope that the Dark Ages are relegated to our history books and are not part of our present day politics.
*

Carnegie - A Win in a Uphill Fight

As The Recreation HQ prepares to lock its doors for the next few days, The General wanted to once again congratulate you for your role in the Victory at Carnegie.

See March 18, 2010 Article on this Win in a Uphill Fight
http://www.recordnet.com/apps/pbcs.dll/article?AID=/20100318/A_NEWS/3180327/-1/a_news14

In the article the anti-OHV “Fishing Group” did its best albeit unsuccessfully to spin in a positive light the fact the court essentially had given them a legal beat-down.

As The General told the reporter in the article above….”Land use wars are never really over.” But that stark fact should not prevent us from celebrating during the Easter Holiday and being thankful for the blessings we have.

Well done is better than well said…. And you done good!

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OHV Wars Continue at Coastal SVRA

As Carnegie fans wait for both the legal and administrative battle to play itself out, The General wants you who are new to the OHV Wars arena to be aware that anti-OHV groups continue their assault on the SVRA system.

One ongoing battle is down at Oceano Dunes. For many years, OHVers and OHMVR have been fighting to preserve motorized recreation at that popular facility. Just as with Carnegie, you have a 3rd party eco-group at Oceano Dunes trying to interject itself into the inter-governmental decision-making process.

Recent Article on Oceano Dunes Fight
http://www.sanluisobispo.com/dunes/story/1031310.html

The main point of today’s blog is to remind land-use newbies that OHV recreation continues to face some rough times in 2010 and beyond. The Recreation HQ wants to make sure that riders continue to brace for the fight, stand strong, and never give up.

Thanks for your service!

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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?

*

Photo: Single Track Trail on Eldorado NF
*
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

CBD et al’s Lawsuit Against Eldorado Travel Plan
http://www.sierraconservation.org/Filed%20complaint%20Eldorado%20NF%20TMP%20case.pdf

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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

Karen at the Center
http://www.sierraconservation.org/who%20we%20are.htm

_____________________________________________________________

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!

Jan. 15 - Carnegie Legal Update

The General is back at Recreation HQ and has some great news on this day.

The court has set January 26 as its next “decision date.” This is according the newest post at OHMVR. Until then the park is OPEN.

OHMVR Website Post
http://ohv.parks.ca.gov/?page_id=26096


Update: On January 14th, the Court of Appeal, in San Francisco, filed an order accepting an amicus letter brief from the State Water Resources Control Board (SWRCB), filed on January 11, 2010. This letter argued that the Superior Court in Alameda County lacks jurisdiction to close the park because PEER and CSPA failed to exhaust their administrative remedies with the Water Board first before going to the Court.

Peer and CSPA have until January 20th to file an opposition to the SWRCB letter.

State Parks and/or the SWRCB have until January 25th to file a reply to the opposition from PEER and CSPA.

The park will remain open pending further court action. We expect the court to make a decision on the issue of park closure on or after January 26, 2010.

This has been, and continues to be, a very important test case for water quality-based lawsuits filed by agenda driven environmental groups. Many nervous land owners, farmers, family businesses are also watching this case.

The General thanks all of you for your continued patience and willingness to help in the fight to keep our public lands open for responsible OHV use.

The Carnegie saga continues...

Miracle at 18600 Corral Hollow Road

Photo Left : Even the dog knows the fishing alliance is barking up the wrong tree.

Photo Right: The Famous Carnegie Hoax Fish

Other cool photos from Del Albright (thanks Del for coming!)
http://www.delalbright.net/Images/Carnegie/index.html

The lights were on late last night and then on again at o’dark thirty today at the Recreation HQ. The General was, and continues to be, impressed with the quality, caliber, and sincerity of the riders and supporters who came from as far away as Lake Tahoe to fellowship with the Carnegie off-road family in our time of need.

In my Friday Dec. 18 blog, I said the appeals process would need Divine intervention if it was to be successful in time to keep the park open. Based on the good news yesterday regarding the appellate court’s decision to keep the park open until at least until January 11, I think the many prayers that were offered for that intervention over Christmas were answered yesterday.

Dec. 18 Blog and Divine Intervention (mentioned in 1st paragraph)
http://thegeneralsrecreationden.blogspot.com/search?updated-max=2009-12-19T05%3A47%3A00-08%3A00&max-results=7

Several riders have asked me if I believe in miracles? The answer is YES. Twice in the last year, my life was spared in a miraculous way.

Story on my Truck/Trailer blow out on I5 (click on photo for expanded view)
http://thegeneralsrecreationden.blogspot.com/2009/04/thank-god-for-good-samaritans.html

After reading a lot of news reports on the rally (most of which failed to note that this whole lawsuit by the now faux fishing group is based on a hoax), I think this article in the Stockton Record best captures what really happened at Carnegie yesterday (although the reporter mentions Divine intervention he does not credit it as I think he should have)

Stockton Record
http://www.recordnet.com/apps/pbcs.dll/article?AID=/20091229/A_NEWS/912290308/-1/A_NEWS#STS=g3svvebo.1tij

The Carnegie saga continues and so does the much larger battle for our sport in other riding areas. Future action items will be forthcoming. However, I think it is important for us to take a short pause and be thankful for this miracle. We also need to be thankful for OHMVR leadership and others who worked overtime during the holidays for their part in this miracle. To give thanks, consider a donation to a charity or food bank or some other act of kindness or service.

Besides honoring the work of Dave Duffin and his crew on behalf of Carnegie and honoring the many off-road families who attended the rally, I want to thank all the motorcycle clubs who came out wearing their colors in support of the park. I may be missing a few, but I do remember seeing representatives from the Oakland Motorcycle Club, Hayward Motorcycle Club, TimeKeepers Motorcycle Club, North Bay Motorcycle Club, High Sierra Motorcycle Club, and the California Enduro Riders Association. I also want to thank our 4WD brothers and sisters from CAL 4WD, Pirate 4x4.com, Diablo 4 Wheelers, and several others. If I left any clubs out, I apologize in advance. Things were a bit hectic yesterday.

Was this our own off-road version of a Miracle on 34th Street? I will let you make that call. As for The General and the staff at Recreation HQ – we believe.

Thanks for your service!!!
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Appeal Victory - Carnegie Stays Open Until Jan. 11

Great News! - It appears the appeal filed by OHMVR was successful. The panel has said the park will stay open at least until January 11, 2010 if not longer.

OHMVR Update on Appeal
http://www.ohv.parks.ca.gov/?page_id=26096

KCRA Story
http://www.kcra.com/news/22076348/detail.html




Although this is very good news, the fight for Carnegie SVRA and our sport is not over. The General asks for you to stay engaged.

Stay tuned for updates and action items.

Happy New Year!!!

The General

Christmas Day Carnegie Update

Because many OHV families will be checking the internet before they open their Christmas stockings and presents today, I wanted to do a quick update on the Carnegie Crisis.

Story in the Contra Costa Times on Carnegie Crisis
http://www.contracostatimes.com/search/ci_14068319?IADID=Search-www.contracostatimes.com-www.contracostatimes.com

I think if you read the entire article, you will find (albeit not clearly stated) that politics and an anti-OHV agenda are behind the suit. Equally outrageous and insulting are when those groups recite their over used, tired, and completely disingenuous phrase in the article that The General has heard all too often…”We have nothing against off-roading. We have nothing against the concept of off-road parks. They've just got to comply with the same regulations as everybody else." That phrase is taken right out of the eco-handbook “How to be an Anti-OHV Activist 101.”

Maybe that “Rodney King” mindset is why environmental interests including Mark Connolly - who has a ranch that borders the park - have fought and objected every step of the way for the last 10-12 years to block the expansion of the park onto the new properties bought with OHV money for OHV use and who is also listed on page one and elsewhere in the suit filed against the park.

Text of Lawsuit Filed Against Park
http://www.peer.org/docs/ca/09_17_9_California_Carnegie_SVRA.pdf

The article also references an appeal that was filed by the state to try and keep the park open. The General believes the state was successful in getting that appeal into the hands of the court on Thursday. Now I believe it goes before a 3 judge panel that will review the appeal.

I don’t believe much will happen between now and Monday, but hopefully there will be news then on if and when the panel will hear the case and make a decision. That could be a matter of days or several weeks. We should know more next week.

In the meantime, the Recreation HQ wishes you a Merry Christmas.

Christmas Week Update on the Fight for Carnegie

As you know, we are in a political fight regarding the temporary closure of Carnegie SVRA. It is just one (albeit an important one for Bay Area riders) battle in the OHV War that is raging in the West.

*Photo: OHMVR Deputy Director, Daphne Greene, and Division Chief, Phil Jenkins, talk with riders on Sunday

Photo Credit: Dave Duffin

The General wants to first acknowledge, Dave Duffin, who was there all weekend handing out flyers, talking with folks, working with families, etc. Wearing his USMC cap on Saturday and Sunday, he has once again answered the call and has been pressed into active duty in the Fight for Carnegie.

I also want to commend Daphne Greene and Phil Jenkins who were there on Sunday from OHMVR HQ in Sacramento to dialogue with the users and get feedback on this all too important issue.

The Recreation HQ has received a lot of communications from riders in the Bay Area who want to know how they can be involved in the current fight at Carnegie and also support the larger effort statewide. HQ has been impressed with the diversity, quality, and sincerity of those interested parties.

Between now and Christmas, I don’t know that a lot of formal or official actions by the OHV community can take place (lots of people/experts I rely on for advice and collaboration are on vacation – duh, it’s Christmas!). It is my opinion that folks should finish their Christmas shopping, if you are religious – attend and pray for wisdom at your place of worship, and finally prepare to enjoy Christmas with your families. After Christmas, I want to encourage folks to consider the following action items.

ACTION ITEM ONE: Fellowship Ride on Dec. 28 at Carnegie
I plan to be there all day until the park closes. I expect that there will be a number of famous racing legends there as well including Brad Lackey, Dick Mann, and many others. Also, there will be various club leaders and officials from AMA Dist. 36 including the District’s president, Dave Pickett, event promoters, and OHV business interests. This will be a great opportunity for riders and their families to visit with OHV leadership, racers, park staff, and each other.

ACTION ITEM TWO: Support OHV businesses
Since the local concessionaire and OHV business Motomart http://motomartatcarnegie.com/ will most likely put of out business by this temporary closure, I would ask that all those attending come prepared on Dec. 28 to “buy out his inventory.” Also, during this Holiday Season consider buying some motorcycle accessories or even a new motorcycle from one of the impacted motorcycle dealers that service the park’s riders.

ACTION ITEM THREE: Post Holiday Meeting

After the Holiday Season, The General believes the OHV community should meet at a yet to be determined location (e.g. large meeting hall, Grange, hotel conf. center, etc) for a town hall meeting and strategy session for the long-term benefit of Carnegie SVRA specifically and for OHV recreation in general


ACTION ITEM FOUR: Future OHV Legal Action

As OHMVR works through the appeals process, I know BRC legal (and maybe other OHV legal experts as well) will be looking for a meaningful way to participate in this case. As The General has said before, this is a very complicated legal fight with little if any opportunity so far for a 3rd party OHV legal interest to intervene and defend OHV recreation at Carnegie. The appeals process may offer some opportunity to change that dynamic.

Lastly, I want to thank all of you for your professionalism, understanding, and support during this crisis. It’s how we respond as a community that defines us.

Have a Merry Christmas and thanks for your service!

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