OutdoorWire News

OutdoorWire

OutdoorWire

Portal page for OutdoorWire Access and Landuse Central Read More
4x4Voice

4x4Voice

California OHV recreation news and information Read More
MUIRNet News

MUIRNet News

News and information about outdoor recreation Read More
4x4Wire

4x4Wire

Off road recreation and news and information Read More
TrailTalk 
Forums

TrailTalk Forums

4x4Wire TrailTalk Forums for 4x4 tech information Read More
  • 1

Recreation Advocate

The OutdoorWire family websites feature news and information affecting outdoor recreation opportunities and access to public lands. 

BRC Idaho Legal Action Update

The Wilderness Society and other plaintiffs successfully opposed our involvement using a rule unique to the 9th Circuit called the "federal defendant rule."  This rule maintains nonfederal parties do not have any interests that allow them to intervene in defense of government action in environmental suits.  We appealed this decision denying our intervention.

The Recreational Groups, led by Paul Turcke, BRC's lead counsel, argued their appeal in March this year.  Many have questioned the logic of the "federal defendant rule" including timber interests, counties, contractor and building associations, and even preservation groups.  However, no one has been able to get the 9th Circuit to take a "hard look" at the logic of its rule - until now.

After argument, the 3-judge panel asked the parties to brief the question of whether the Circuit "should abandon the Federal Defendant Rule." We did so, and in September, the Chief Judge of the Court signed an order stating a majority of active, nonrecused 9th Circuit judges have voted in favor of hearing the case "en banc" or "full bench."  This means a twelve-judge panel with the ability to rewrite the law and the Federal Defendant rule will rehear argument from the lawyers for the Recreation Groups and The Wilderness Society.  The en banc hearing will take place in December this year.

In the meantime, the district court case remains pending, as it has since we filed our appeal.  Much to the chagrin of the anti-access forces, you have been able to ride these trails as the legal wrangling continues.

Salmon Challis National Forest
The Salmon Challis travel plan was years in the making.  Pro-access forces participated, including joint legal review and comments by MIC, SVIA and BRC, with the aid of many state and local clubs.  You probably know the outcome - a final decision that closed hundred of miles of trails. To be specific, the final decision authorized 3,534 total miles of routes for motorized use, where previously at least 6,720 miles of existing routes were recognized.

You'd think Idaho's so-called "conservation community" would be pleased by this roughly 47 percent reduction. But it is never enough for Idaho's formerly moderate (at least compared to other states) Wilderness advocates.  Strong-armed by ideological purists, they filed suit, complaining about the failure to "minimize" OHV impacts, and seeking to create a new weapon out of "subpart A" of the Travel Management Rule which they claim was ignored in the Salmon Challis travel plan.

"Subpart A" is direction in the USFS regulations to minimize its road system. The term "minimize" is to be taken in context with the agency's mandates, including to provide recreation. Apparently, the Wilderness Society is attempting to have a court define the term "minimize" in their favor, potentially impacting all Forest Service travel plans, everywhere.

Read more from the BlueRibbon Coalition at: http://www.sharetrails.org/public_lands/?section=idaho-legal-update

Critical Habitat and Economic Analysis for Bull Tr...
General Tire announces title sponsorship and spec ...
 

Comments

No comments made yet. Be the first to submit a comment
Already Registered? Login Here
Guest
Saturday, 03 December 2016
If you'd like to register, please fill in the username, password and name fields.

Captcha Image

OutdoorWire Websites

OutdoorWire

OutdoorWire

Portal page for OutdoorWire Access and Landuse Central Read More
4x4Voice

4x4Voice

California OHV recreation news and information Read More
MUIRNet News

MUIRNet News

News and information about outdoor recreation Read More
4x4Wire

4x4Wire

Off road recreation and news and information Read More
TrailTalk 
Forums

TrailTalk Forums

4x4Wire TrailTalk Forums for 4x4 tech information Read More
  • 1

4x4Wire Tech Section

Jeep 4x4 Tech

Jeep 4x4 Tech

Jeep Tech from JeepWire Read More
Toyota 4x4 Tech

Toyota 4x4 Tech

Toyota Tech from 4x4Wire Read More
Mitsubishi 4x4 Tech

Mitsubishi 4x4 Tech

Mitsubishi Tech from 4x4Wire Read More
Isuzu 4x4 Tech

Isuzu 4x4 Tech

Isuzu Tech from 4x4Wire Read More
  • 1