- Location
- Desert Beach So Cal
Depending on the source of reporting, the Utah Shared Access Alliance
either won or lost in court. The Green Gang is spinning the story
that the judge ruled the issues raised by USA-ALL as "moot"; a win
for them.
Well, Brian provides a blow by blow description of what the "moot"
ruling really means.
In short, faced with a court loss, BLM rescinded their previous
actions that triggered the court case. Hence, the BLM acknowledged
their errors and corrected their errors BEFORE the judge had the
opportunity to rule. So, the judge ruled correctly that the issues
were "moot" BECAUSE BLM corrected them without court direction.
USA-ALL deserves a round of applause for a job well done. More and
more, recreation access interests are taking their case to the court
systems. We are now beginning to win cases. This comes at a price.
We need to be better educated and informed. We are also faced with
the need for money. Legal fees are not cheep.
More information about legal defense funds, pending court cases, and
efforts of recreation advocates, plan on attending the United Land
Use Conference, June 25 in Flagstaff, AZ.
******************************************
Date: Tue, 27 May 2003 13:18:07 -0600
From: Brian Hawthorne <[email protected]>
Organization: Utah Shared Access Alliance
Greetings All,
Last week was busy for USA-ALL's Legal Team. On Wednesday we had
arguments in USA-ALL's lawsuit against the BLM and on Thursday we had
a status hearing on the massive lawsuit filed by the Southern Utah
Wilderness Alliance back in 1999. (Look for yet another update later
in the week for details on the SUWA case.)
Both the Salt Lake Tribune and the Deseret News wrote stories on
Wednesday's decision. Both weren't accurate and by the time the
Associated Press got hold of the story it was being reported that
Factory Butte, Poison Spider Mesa and Gemini Bridges were closed.
*sigh*
None of these roads were closed and Factory Butte is still open!
(Although camping is now restricted to a few designated camping areas
along Hwy. 313 and the Gemini Bridges Road.)
Here are the details:
USA-ALL challenged a March 28, 2000 “emergency” order that
implemented a Designated Travel System on nearly one million acres of
public lands in Box Elder County. USA-ALL argued that there was no
emergency and that the BLM simply used the emergency order to bypass
public involvement in the creation of the travel plan.
In response, BLM by order dated April 24, 2003, completely revoked
the March 28, 2000 emergency order and a related 1999 emergency
order. BLM simultaneously implemented a smaller emergency order
(170,000 acres).
USA-ALL challenged BLM’s posting of signs, maps and other information
directing motorized users and mountain bikers to remain on
established roads and trails in the Factory Butte area, an area
eminently suitable for open travel, and alleged BLM’s signs violated
land use plan requirements.
In response, BLM withdrew unlawful signs and maps and agreed to use
signs and maps that complied with land use plan requirements.
USA-ALL challenged BLM’s recent implementation of a “Closed Unless
Posted Open” travel management in the Indian Creek Canyon Corridor,
contrary to existing management rules which restrict motorized and
mountain bike access to existing roads and trails.
In response, BLM reversed this unlawful action and has undertaken to
amend unlawful signs to correctly reflect “limited to existing roads
and trails” status.
USA-ALL challenged BLM’s use of emergency orders to amend the Grand
(Moab) Resource Management Plan (RMP) without public involvement.
BLM’s January 22, 2001 orders alleged an “emergency” existed on over
250,000 acres and restricted motorized vehicle use and mountain
biking to existing roads and trails. BLM’s orders also summarily
implemented several no camping zones and restricted all camping
activity to designated campsites without any public input.
On this claim, the court upheld restrictions on condition that BLM
immediately issue a Notice of Intent to revise its RMP to allow
public participation. The court ordered BLM to assure USA-ALL’s
right to participate, and declined to address other issues based upon
BLM’s commitment to immediately engage in planning. The court also
ruled that BLM has a continuing duty to timely review emergency
restrictions and modify or withdraw them if no longer warranted. The
court stated to USA-ALL’s counsel, “You have gotten BLM’s attention.”
It was an unusual to see a ruling from the bench, that's for sure.
Judge Jenkins basically found that because of BLM's actions, our
claims were moot. The Judge is scheduled to sign an order finalizing
his decision in the next weeks. We'll take a close look at that to
see if an appeal is warranted.
USA-ALL pressed our case even after BLM made those changes because of
the importance of dispersed camping to our members and supporters.
The BLM must not be allowed to move dispersed camping into developed
camp areas without following lawful planning procedure. Sadly, the
Judge upheld those restrictions, albeit with the proviso that the BLM
must immediately engage in a public planning process.
Here are the links to the press. Let me caution you, however. The
reporting leaves much to be desired.
Court Bars Camping on Vast Tract
<http://www.sltrib.com/2003/May/05242003/utah/59787.asp>http://www.sltrib.com/2003/May/05242003/utah/59787.asp
Off-roaders lose challenge to S. Utah road closures
<http://www.desnews.com/dn/view/0,1249,505035412,00.html>http://www.desnews.com/dn/view/0,1249,505035412,00.html
either won or lost in court. The Green Gang is spinning the story
that the judge ruled the issues raised by USA-ALL as "moot"; a win
for them.
Well, Brian provides a blow by blow description of what the "moot"
ruling really means.
In short, faced with a court loss, BLM rescinded their previous
actions that triggered the court case. Hence, the BLM acknowledged
their errors and corrected their errors BEFORE the judge had the
opportunity to rule. So, the judge ruled correctly that the issues
were "moot" BECAUSE BLM corrected them without court direction.
USA-ALL deserves a round of applause for a job well done. More and
more, recreation access interests are taking their case to the court
systems. We are now beginning to win cases. This comes at a price.
We need to be better educated and informed. We are also faced with
the need for money. Legal fees are not cheep.
More information about legal defense funds, pending court cases, and
efforts of recreation advocates, plan on attending the United Land
Use Conference, June 25 in Flagstaff, AZ.
******************************************
Date: Tue, 27 May 2003 13:18:07 -0600
From: Brian Hawthorne <[email protected]>
Organization: Utah Shared Access Alliance
Greetings All,
Last week was busy for USA-ALL's Legal Team. On Wednesday we had
arguments in USA-ALL's lawsuit against the BLM and on Thursday we had
a status hearing on the massive lawsuit filed by the Southern Utah
Wilderness Alliance back in 1999. (Look for yet another update later
in the week for details on the SUWA case.)
Both the Salt Lake Tribune and the Deseret News wrote stories on
Wednesday's decision. Both weren't accurate and by the time the
Associated Press got hold of the story it was being reported that
Factory Butte, Poison Spider Mesa and Gemini Bridges were closed.
*sigh*
None of these roads were closed and Factory Butte is still open!
(Although camping is now restricted to a few designated camping areas
along Hwy. 313 and the Gemini Bridges Road.)
Here are the details:
USA-ALL challenged a March 28, 2000 “emergency” order that
implemented a Designated Travel System on nearly one million acres of
public lands in Box Elder County. USA-ALL argued that there was no
emergency and that the BLM simply used the emergency order to bypass
public involvement in the creation of the travel plan.
In response, BLM by order dated April 24, 2003, completely revoked
the March 28, 2000 emergency order and a related 1999 emergency
order. BLM simultaneously implemented a smaller emergency order
(170,000 acres).
USA-ALL challenged BLM’s posting of signs, maps and other information
directing motorized users and mountain bikers to remain on
established roads and trails in the Factory Butte area, an area
eminently suitable for open travel, and alleged BLM’s signs violated
land use plan requirements.
In response, BLM withdrew unlawful signs and maps and agreed to use
signs and maps that complied with land use plan requirements.
USA-ALL challenged BLM’s recent implementation of a “Closed Unless
Posted Open” travel management in the Indian Creek Canyon Corridor,
contrary to existing management rules which restrict motorized and
mountain bike access to existing roads and trails.
In response, BLM reversed this unlawful action and has undertaken to
amend unlawful signs to correctly reflect “limited to existing roads
and trails” status.
USA-ALL challenged BLM’s use of emergency orders to amend the Grand
(Moab) Resource Management Plan (RMP) without public involvement.
BLM’s January 22, 2001 orders alleged an “emergency” existed on over
250,000 acres and restricted motorized vehicle use and mountain
biking to existing roads and trails. BLM’s orders also summarily
implemented several no camping zones and restricted all camping
activity to designated campsites without any public input.
On this claim, the court upheld restrictions on condition that BLM
immediately issue a Notice of Intent to revise its RMP to allow
public participation. The court ordered BLM to assure USA-ALL’s
right to participate, and declined to address other issues based upon
BLM’s commitment to immediately engage in planning. The court also
ruled that BLM has a continuing duty to timely review emergency
restrictions and modify or withdraw them if no longer warranted. The
court stated to USA-ALL’s counsel, “You have gotten BLM’s attention.”
It was an unusual to see a ruling from the bench, that's for sure.
Judge Jenkins basically found that because of BLM's actions, our
claims were moot. The Judge is scheduled to sign an order finalizing
his decision in the next weeks. We'll take a close look at that to
see if an appeal is warranted.
USA-ALL pressed our case even after BLM made those changes because of
the importance of dispersed camping to our members and supporters.
The BLM must not be allowed to move dispersed camping into developed
camp areas without following lawful planning procedure. Sadly, the
Judge upheld those restrictions, albeit with the proviso that the BLM
must immediately engage in a public planning process.
Here are the links to the press. Let me caution you, however. The
reporting leaves much to be desired.
Court Bars Camping on Vast Tract
<http://www.sltrib.com/2003/May/05242003/utah/59787.asp>http://www.sltrib.com/2003/May/05242003/utah/59787.asp
Off-roaders lose challenge to S. Utah road closures
<http://www.desnews.com/dn/view/0,1249,505035412,00.html>http://www.desnews.com/dn/view/0,1249,505035412,00.html