Captain Ron
NAXJA Forum User
- Location
- On the horizion
Dear BRC members, supporters and Action Alert Subscribers,
Many BRC members have been calling and emailing us to find out what the latest news is regarding the recent order by a federal court requiring the U.S. Forest Service to comply with public notice and appeal timelines when processing actions under a Categorical Exclusion (CEs).
The court order is a result of the lawsuit; Earth Island Institute v. Ruthenbeck, filed by the following anti-recreation groups: the Earth Island Institute, Sequoia ForestKeeper, Heartwood, Center for Biological Diversity, and the Sierra Club against a timber project on the Sequoia National Forest.
Pasted below is the media release we sent on the CE mess. At that time, I wrote: "The effects of the decision are not yet completely understood and it will take some time to fully assess a strategy of action. BRC remains committed to protecting recreational access to public lands and will be watching the situation closely."
A strategy is being formed 'as we speak', and our best minds are working on it. We are in contact with FS and administration officials, the Department of Justice and other national OHV groups. We have been told that the DOJ is reviewing the situation for possible appeal, and BRC's legal team is also assessing appeal options.
The ruling potentially affects hundreds of projects throughout the country. CE's are used to approve all sorts of projects ranging from trail maintenance activities to timber operations. Many group activities, such as Boy Scout campouts and jamboree's are approved with CE's along with 4x4 club runs or charity events. Most Operating Plans for backcountry ski Yurt's and even major Ski areas are processed via CE's. In some areas, snowmobile grooming operations are approved via CE's. OHV events ranging from Enduro's to Dual Purpose Motorcycle (street legal) tours are approved via CE's.
Sadly, the court ruling has resulted in the cancellation of many such projects, including the popular "49er Enduro," sponsored by AMA's District 36, the Capital City Enduro, sponsored by the Tallahassee Trail Riders and even the very popular "Fright Night," an annual charity fundraiser sponsored by the Point Mugu 4x4 Club. The ruling even resulted in the cancellation of an adopt-a-trail project on the Gila National Forest in New Mexico. As a result of these cancellations, many BRC members are inquiring what to do if they have an event or adopt a trail approved by a CE.
It is reasonable to assume this ruling will be moderated in one form or another; however those efforts may take time. If your group has activities planned in the next six to eight months that would normally be approved by CE's, BRC recommends you proceed as though the ruling will remain in effect.
In order that your activity receives approval in time, our advice is that you insist the FS process the CE under the new notice and appeal guidelines and don't let them waste a minute doing it. Consider asking the agency to do a multi-year environmental assessment for the event. Delay of OHV Club activities, or needed trail maintenance activities, only serve the interests of our adversaries. Do whatever you need to do to get the work done.
BRC will notify you as soon as we learn more.
Brian Hawthorne
BlueRibbon Coalition
208-237-1008 ext 102
BRC MEDIA RELEASE ON BANNING OF CATEGORICAL EXCLUSIONS:
Media Release:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
POCATELLO, ID (Sept. 29) - A recent order by a federal court prohibits the U.S. Forest Service from using streamlined regulations to permit many popular recreational activities as well as projects that reduce hazardous fuels and improve wildlife habitat.
On July 2, 2005 the United States District Court for the Eastern District of California issued an Order banning the use of Categorical Exclusions (CEs). The ruling requires any forest project using a CE to include a formal public notice, be available for public comment and give the public the option of appealing the decision. The order applies to all decisions made with a CE after July 7, 2005. It also applies nationwide.
The court order is a result of a lawsuit filed by the following anti-recreation groups; the Earth Island Institute, Sequoia ForestKeeper, Heartwood, Center for Biological Diversity, and the Sierra Club against a timber project on the Sequoia National Forest.
A CE is a category of actions that do not have a significant effect on the environment and therefore do not require an Environmental Assessment (EA) or Environmental Impact Statement (EIS). CEs are allowed under the National Environmental Policy Act (NEPA). They simplify documentation -- not eliminate it -- for those actions that clearly do not have a significant effect on the environment. Such permitted activities include certain off-road vehicle events, mountain bike tours and group outings for organizations such as the Boy or Girl Scouts.
Brian Hawthorne, Public Lands Director for the BlueRibbon Coalition, states, "I think the green groups have gone too far with their anti-recreation agenda. They seek to create a virtual 'analysis paralysis' in the Forest Service to advance their agenda. Sadly, it is the responsible recreating public who will suffer because of their extreme positions."
"I believe the American public will see this for what it is - radical environmentalism run amok. If a project meets the specific and limited criteria for Categorical Exclusion and cannot have a significant effect on the environment, land managers should not be forced to complete an unnecessarily lengthy and wasteful analysis. " Hawthorne added.
This decisions impact projects such as the Capitol Holiday Tree program, which allows a tree from a different national forest to grace the lawn of the U.S. Capitol throughout the holiday season-a proud tradition for nearly 40 years. "Instead of approving such projects with a streamlined permit using CEs, the agency must now enact a lengthy 135 day notice, comment, and appeal process," Hawthorne said. "It's not just the mom and pop recreation clubs that get hurt, but great American traditions like placing the Christmas tree on the White House lawn are affected as well."
Hawthorne noted that the ruling potentially affects hundreds of projects throughout the country, including projects that will reduce hazardous fuels and improve wildlife habitat. Hawthorne added; "The effects of the decision are not yet completely understood and it will take some time to fully assess a strategy of action. BRC remains committed to protecting recreational access to public lands and will be watching the situation closely."
More info on the ruling: http://www.fs.fed.us/emc/applit/litigation.htm
Many BRC members have been calling and emailing us to find out what the latest news is regarding the recent order by a federal court requiring the U.S. Forest Service to comply with public notice and appeal timelines when processing actions under a Categorical Exclusion (CEs).
The court order is a result of the lawsuit; Earth Island Institute v. Ruthenbeck, filed by the following anti-recreation groups: the Earth Island Institute, Sequoia ForestKeeper, Heartwood, Center for Biological Diversity, and the Sierra Club against a timber project on the Sequoia National Forest.
Pasted below is the media release we sent on the CE mess. At that time, I wrote: "The effects of the decision are not yet completely understood and it will take some time to fully assess a strategy of action. BRC remains committed to protecting recreational access to public lands and will be watching the situation closely."
A strategy is being formed 'as we speak', and our best minds are working on it. We are in contact with FS and administration officials, the Department of Justice and other national OHV groups. We have been told that the DOJ is reviewing the situation for possible appeal, and BRC's legal team is also assessing appeal options.
The ruling potentially affects hundreds of projects throughout the country. CE's are used to approve all sorts of projects ranging from trail maintenance activities to timber operations. Many group activities, such as Boy Scout campouts and jamboree's are approved with CE's along with 4x4 club runs or charity events. Most Operating Plans for backcountry ski Yurt's and even major Ski areas are processed via CE's. In some areas, snowmobile grooming operations are approved via CE's. OHV events ranging from Enduro's to Dual Purpose Motorcycle (street legal) tours are approved via CE's.
Sadly, the court ruling has resulted in the cancellation of many such projects, including the popular "49er Enduro," sponsored by AMA's District 36, the Capital City Enduro, sponsored by the Tallahassee Trail Riders and even the very popular "Fright Night," an annual charity fundraiser sponsored by the Point Mugu 4x4 Club. The ruling even resulted in the cancellation of an adopt-a-trail project on the Gila National Forest in New Mexico. As a result of these cancellations, many BRC members are inquiring what to do if they have an event or adopt a trail approved by a CE.
It is reasonable to assume this ruling will be moderated in one form or another; however those efforts may take time. If your group has activities planned in the next six to eight months that would normally be approved by CE's, BRC recommends you proceed as though the ruling will remain in effect.
In order that your activity receives approval in time, our advice is that you insist the FS process the CE under the new notice and appeal guidelines and don't let them waste a minute doing it. Consider asking the agency to do a multi-year environmental assessment for the event. Delay of OHV Club activities, or needed trail maintenance activities, only serve the interests of our adversaries. Do whatever you need to do to get the work done.
BRC will notify you as soon as we learn more.
Brian Hawthorne
BlueRibbon Coalition
208-237-1008 ext 102
BRC MEDIA RELEASE ON BANNING OF CATEGORICAL EXCLUSIONS:
Media Release:
*LAWSUIT BANS WHITEHOUSE CHRISTMAS TREE AND OTHER FOREST ACTIVITIES*
Date: September 28, 2005
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
POCATELLO, ID (Sept. 29) - A recent order by a federal court prohibits the U.S. Forest Service from using streamlined regulations to permit many popular recreational activities as well as projects that reduce hazardous fuels and improve wildlife habitat.
On July 2, 2005 the United States District Court for the Eastern District of California issued an Order banning the use of Categorical Exclusions (CEs). The ruling requires any forest project using a CE to include a formal public notice, be available for public comment and give the public the option of appealing the decision. The order applies to all decisions made with a CE after July 7, 2005. It also applies nationwide.
The court order is a result of a lawsuit filed by the following anti-recreation groups; the Earth Island Institute, Sequoia ForestKeeper, Heartwood, Center for Biological Diversity, and the Sierra Club against a timber project on the Sequoia National Forest.
A CE is a category of actions that do not have a significant effect on the environment and therefore do not require an Environmental Assessment (EA) or Environmental Impact Statement (EIS). CEs are allowed under the National Environmental Policy Act (NEPA). They simplify documentation -- not eliminate it -- for those actions that clearly do not have a significant effect on the environment. Such permitted activities include certain off-road vehicle events, mountain bike tours and group outings for organizations such as the Boy or Girl Scouts.
Brian Hawthorne, Public Lands Director for the BlueRibbon Coalition, states, "I think the green groups have gone too far with their anti-recreation agenda. They seek to create a virtual 'analysis paralysis' in the Forest Service to advance their agenda. Sadly, it is the responsible recreating public who will suffer because of their extreme positions."
"I believe the American public will see this for what it is - radical environmentalism run amok. If a project meets the specific and limited criteria for Categorical Exclusion and cannot have a significant effect on the environment, land managers should not be forced to complete an unnecessarily lengthy and wasteful analysis. " Hawthorne added.
This decisions impact projects such as the Capitol Holiday Tree program, which allows a tree from a different national forest to grace the lawn of the U.S. Capitol throughout the holiday season-a proud tradition for nearly 40 years. "Instead of approving such projects with a streamlined permit using CEs, the agency must now enact a lengthy 135 day notice, comment, and appeal process," Hawthorne said. "It's not just the mom and pop recreation clubs that get hurt, but great American traditions like placing the Christmas tree on the White House lawn are affected as well."
Hawthorne noted that the ruling potentially affects hundreds of projects throughout the country, including projects that will reduce hazardous fuels and improve wildlife habitat. Hawthorne added; "The effects of the decision are not yet completely understood and it will take some time to fully assess a strategy of action. BRC remains committed to protecting recreational access to public lands and will be watching the situation closely."
More info on the ruling: http://www.fs.fed.us/emc/applit/litigation.htm
