BlueRibbon Coalition: Winter Wildlands Alliance seeks to limit snowmobiles on Forest Service lands

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

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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

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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