Greeting BRC members and supporters
We thought we would blast a brief update on two important legal cases BRC is
involved in. Both have profound implications for OHV and snowmobile recreation
across the U.S.
We encourage you not to quickly delete this message.
The update
on "de-facto Wilderness management even rates a "Must Read."
You can check up on all of BRC's legal efforts by clicking the
"issues" tab at the top of
http://sharetrails.org.
Look to the left for "Legal Action."
As always, feel free to call or email with questions or comments.
Brian
Hawthorne
Ric Foster
Public Lands Policy
Director Public Lands Office Manager
208-237-1008 ext
102
208-237-1008 ext 107
Update: Winter Wildlands Alliance seeks to limit snowmobiles on
Forest Service lands
Anti-snowmobile activists led by the Winter Wildlands Alliance (WWA)
launched a significant challenge to snowmobile access on Forest Service lands
via a lawsuit filed one year ago. The lawsuit primarily targets the
"snowmobile exemption" in the US Forest Service (USFS) 2005 Travel
Management Rule.
Recreation advocacy groups BlueRibbon Coalition (
BRC), Idaho State
Snowmobile Association (
ISSA)
and American Council of Snowmobile Associations (
ACSA) intervened to defend
snowmobilers.
Last Wednesday, November 14, 2012, U.S. Magistrate Judge Ronald Bush heard
oral arguments in federal court in Boise, Idaho. The argument lasted about two
hours and included presentations by Mike Ealy on behalf of ISSA/ACSA and Paul
Turcke for the BlueRibbon Coalition. The Court had numerous questions for all
the attorneys, then took the matter under advisement and indicated a written
decision would be issued.
The AP had a story on the hearing:
Spokesman Review: Powder struggle: Snowmobilers, back-country skiers battle in
court
ISSA's Sandra Mitchell: Editorial-Winter Wildlands Lawsuit 12-8-11 by Sandra Mitchell
A WWA victory could have Forest-system wide implications for
snowmobiling. The wave of planning potentially necessitated by that
outcome could affect wheeled vehicles and other Forest system visitors.
The recreation community (and hopefully the agency) must take this case
seriously.
More on the web:
CLICK HERE
Update: Idaho State Snowmobile Association and BRC challenge
de-facto Wilderness management
The BlueRibbon Coalition and the Idaho State Snowmobile Association joined
forces to challenge the 2011 Clearwater National Forest Travel Plan and its
conspicuous reliance on the Northern Region Recommended Wilderness Area
("RWA") Policy.
Under the Policy,
RWAs are required to be managed as formally
designated Wilderness, which in the Clearwater meant eliminating
long-occurring snowmobile, motorcycle and mountain bike use.
The USFS submitted an "answer" to our complaint on November 9,
2012. Normally, these "answers" don't really answer much, and
wouldn't rate an update. However, this answer is more notable than most in that
it reflects a very detailed analysis of the complaint by the lawyers
representing the USFS.
The USFS "answer" also included a conscious effort to denounce the
existence of any "Region 1 RWA Policy."
- The Region 1 RWA Policy that may or may not exist is here.
- BRC's complaint is here.
- The USFS answer that denies the existing of the RWA
policy is here.
The whole point of this suit is to find out which version reflects
reality - ours or the USFS!
Since 2007, the RWA guidance has been revealed across numerous planning
actions in various national forests in Region 1, but we consider the Clearwater
Travel Plan the most thinly-disguised application of the RWA Policy to require
on-the-ground closures by the agency.
The case will now move forward in the "housekeeping" phase. We
anticipate Wilderness advocates will soon seek to enter the case as
intervenors. We welcome and are flattered by their appearance, which
hopefully reflects they take our case seriously. A scheduling conference
will soon be calendared, which will prompt counsel to outline a litigation plan
for the case. Under a typical schedule the agency will spend several
months compiling the administrative record, and the merits will be presented
through various motions roughly a year after filing of the complaint, ie Fall
of 2013.
Sandra Mitchell, Public Lands Director of the Idaho State Snowmobile
Association, said it best:
"Only Congress can
designate Wilderness. For many years we have heard rumors the Northern Region
was going to start illegally limiting their management options in potential
Wilderness areas, effectively creating a new system of administratively
designated Wilderness. In the Clearwater Travel Plan they have followed
through on that vision. We cannot stand idly by and watch them change the
long-established system for managing these treasured lands."
Learn more on the web:
CLICK HERE