PUBLIC LANDS: Canyonlands road-access case could have wide-reaching impact
Greenwire: Thursday, September 20, 2012
In a case that could have rippling effects across public lands nationwide, the federal government yesterday argued it has control over highway access in national monuments.
The federal government was in the right when it closed the highway right of way in the Canyonlands National Park streambed -- an ecologically sensitive area in Utah -- Aaron Avila, an attorney for the U.S. Justice Department, told an appeals court.
Supporters of the government's position said the case could affect thousands of highway rights across federal public lands, particularly land that has been preserved from roads and off-highway vehicles for years.
The state of Utah and San Juan County sued the National Park Service, saying the government could not close the streambed to all-terrain vehicles because the area is considered a county and state highway.
According to San Juan County attorney Shawn Welch, no official notice was given to indicate that the access route would be shut down.
"Road maps clearly show it was used as a road," Welch said.
But the government said that even if no official notice was given, it continues to have jurisdiction (Steven K. Paulson, AP/Salt Lake Tribune, Sept. 17). -- HP
