Post by greenjeep on Dec 13, 2004 17:31:51 GMT -5
I got this emailed to me from USA-All. It's not specificaly about Moab, but it does set a scary precidence!
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You may not recreate in this area but the results of this case will very likely affect the areas you do use and enjoy. Therefore it is important that we continue to work on this case potential for land managers and local politicians to arbitrarily close areas without public input is contrary to our system of government. Please help us to protect your rights, heritage and culture. Sign your family up for a membership today, donate to our legal defense fund, sign up a friend, or call our office and find out what else you can do to help. We can’t allow legal precedents like this to be used against you, your family and the areas you recreate in. The time to act is now!
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Dear members
We just received notice that the federal judge ruled against our challenge to BLM's 2003 restrictions to motorized access to 189,000 acres of BLM land in Box Elder County. The challenged order imposed a designated roads system that closed of over half the roads and restricted all the acres from the "open" access authorized by the governing BLM resource management plan.
Before we consider the bad aspects of this ruling it is important to remember that this has been an on-going battle. Originally, BLM imposed an order that restricted 450,000 acres, but BLM withdrew that order after USA-ALL sued and oral argument was about to occur. BLM withdrew the order because BLM had alleged there was an emergency when there was absolutely no evidence of any emergency or, indeed, of any increased OHV use of the areas. As a result, 261,000 acres restricted under the original 450,000-acre order were no longer restricted and have reverted to the "open" status required by BLM's resource management plan. Yeah!
However, in the meantime BLM had changed its strategy and decided to create some evidence. BLM "studied" 189,000 acres of the 450,000 acres. BLM suddenly found decades old roads and trails and a few acres where off-road scars, many decades old, had occurred. BLM discovered that that plants and animals lived there! It found that even though BLM had rarely found any cultural artifacts, cultural artifacts could be there. It then concluded that, even though the area was rarely used by OHV-ers, and there was no emergency, motorized access was, nevertheless, a threat. The 189,000 acres of new restrictions were the appalling result.
The court's ruling upheld BLM's claim that it could radically restrict land access contrary to its land use plan simply by finding that, even without any evidence of significant OHV use and without any emergency, some harm could result if OHV's were not restricted. The court rejected USA-ALL's argument that such action violated NEPA and FLPMA – both of which require public participation and environmental analysis before BLM may so radically amend its land use plan.
SUWA will be cheering about this and BLM land managers will be emboldened to use the strategy in counties like Box Elder, where commissioners won't defend public roads and access. Again, over half of the R. S. 2477 roads within the 183,000 acres have been closed by the order.
It is likely USA-ALL will appeal the ruling or take other actions to counter its effects. However, our ability to do so will depend upon the availability of financial resources to cover the costs. Are you up to the challenge?
Call 801.465.1145 or email mikes@usa-all.com for what you can do to help stop the insanity.
_____________________________________________
You may not recreate in this area but the results of this case will very likely affect the areas you do use and enjoy. Therefore it is important that we continue to work on this case potential for land managers and local politicians to arbitrarily close areas without public input is contrary to our system of government. Please help us to protect your rights, heritage and culture. Sign your family up for a membership today, donate to our legal defense fund, sign up a friend, or call our office and find out what else you can do to help. We can’t allow legal precedents like this to be used against you, your family and the areas you recreate in. The time to act is now!
-------------------------------------------------------------------------
Dear members
We just received notice that the federal judge ruled against our challenge to BLM's 2003 restrictions to motorized access to 189,000 acres of BLM land in Box Elder County. The challenged order imposed a designated roads system that closed of over half the roads and restricted all the acres from the "open" access authorized by the governing BLM resource management plan.
Before we consider the bad aspects of this ruling it is important to remember that this has been an on-going battle. Originally, BLM imposed an order that restricted 450,000 acres, but BLM withdrew that order after USA-ALL sued and oral argument was about to occur. BLM withdrew the order because BLM had alleged there was an emergency when there was absolutely no evidence of any emergency or, indeed, of any increased OHV use of the areas. As a result, 261,000 acres restricted under the original 450,000-acre order were no longer restricted and have reverted to the "open" status required by BLM's resource management plan. Yeah!
However, in the meantime BLM had changed its strategy and decided to create some evidence. BLM "studied" 189,000 acres of the 450,000 acres. BLM suddenly found decades old roads and trails and a few acres where off-road scars, many decades old, had occurred. BLM discovered that that plants and animals lived there! It found that even though BLM had rarely found any cultural artifacts, cultural artifacts could be there. It then concluded that, even though the area was rarely used by OHV-ers, and there was no emergency, motorized access was, nevertheless, a threat. The 189,000 acres of new restrictions were the appalling result.
The court's ruling upheld BLM's claim that it could radically restrict land access contrary to its land use plan simply by finding that, even without any evidence of significant OHV use and without any emergency, some harm could result if OHV's were not restricted. The court rejected USA-ALL's argument that such action violated NEPA and FLPMA – both of which require public participation and environmental analysis before BLM may so radically amend its land use plan.
SUWA will be cheering about this and BLM land managers will be emboldened to use the strategy in counties like Box Elder, where commissioners won't defend public roads and access. Again, over half of the R. S. 2477 roads within the 183,000 acres have been closed by the order.
It is likely USA-ALL will appeal the ruling or take other actions to counter its effects. However, our ability to do so will depend upon the availability of financial resources to cover the costs. Are you up to the challenge?
Call 801.465.1145 or email mikes@usa-all.com for what you can do to help stop the insanity.