LITTTLE BELTS TRAVEL PLAN CHALLENGE (U.S. District of Montana - 9th Circuit). Oral argument has been calendared for June 7, 2011 in Portland. As of the deadline the identities of the three panel members have not been released. The Court issued an order indicating that this appeal will be assigned to the same panel as the Gallatin appeal (see below). However, the same order says the cases have not been consolidated. The significance of the order is unclear, but it advises that counsel should "confer" regarding argument.
GALLATIN NATIONAL FOREST (U.S. District of Montana - 9th Circuit). See above- this appeal has been set for oral argument on June 7, 2011 in Portland, and will be argued alongside the Lewis and Clark case. Paul Turcke will appear in both appeals on behalf of the Russell Country and TSA parties.
ROADLESS LAWSUITS (U.S. 10th Circuit). No change- Oral argument was held in the 10th Circuit Court of Appeals on March 10, 2010, and the appeal is still under advisement.
TELLICO OHV SYSTEM SUIT (U.S. Western District of North Carolina). The Recreation Group plaintiffs filed their opening pleadings on the merits on May 16, 2011. A copy of the legal memorandum can be viewed HERE. The Forest Service and Preservationist intervenors have until July 1, 2011 to file their responses.
ELDORADO TRAVEL PLAN (U.S. Eastern District of California). Supplemental briefing will have been completed by press time. With the final reply from Plaintiffs the matter will be under advisement with the Court.
SAWTOOTH FOREST TRAVEL PLAN (U.S. District of Idaho - 9th Circuit). On March 28, 2011 the Court issued an order dismissing the pending motions for summary judgment, stating they could be refiled after the Court rules on the renewed motion to intervene by the Recreation Groups. On May 5, 2011 the Court granted the motion to intervene, ruling that the Recreation Groups meet the criteria for intervention "of right" following elimination of the "federal defendant" rule and clarification of the intervention test from the en banc decision reversing the earlier denial of intervention in this case. The earlier summary judgment pleadings will likely be refiled and, if so, the matter will eventually proceed to a ruling on the merits.
YELLOWSTONE WINTER USE PLANNING--The Park Service recently issued the long awaited draft EIS on the latest long term winter use plan. The preferred alternative calls for "a variety of use levels" under which snowmobile use would range from 110 to 330 vehicles per day and snowcoach use from 30 to 80 vehicles per day. Other current requirements would continue including best-available technology (BAT), commercial guiding and hours of operation. BAT would be expanded to include nitrogen oxide emissions, which is unusual since imposition of this component during winter has been successfully challenged in other contexts. As always, the planning process will be long and bewildering for all involved, and active participation must remain a top priority for snowmobile interests. Additional and updated information will continue to be available at www.saveyellowstonepark.com.
PIKE SAN ISABEL TMR SUIT (U.S. District of Colorado). Recall that Colorado Off Highway Vehicle Coalition, Trails Preservation Alliance and BlueRibbon moved to intervene in this case, which targets the MVUMs issued by various districts within the Pike San Isabel National Forest in south central Colorado. The motion to intervene was granted on May 13, 2011. The case is in its early stages, but a litigation schedule has been proposed which would include presentation of the merits beginning in Fall, 2011 and continuing into early 2012.
SIX RIVERS FOREST SUIT (U.S. Northern District of California). A joint status report was filed on May 3, 2011 which acknowledged the ongoing planning process, the concerns expressed by the Recreation Groups, and that "[t[he parties are hopeful that continued discussions will resolve these issues and that the NEPA process will proceed as anticipated." The Forest Service hopes to issue a decision sometime this summer.
BRIDGEPORT RD SUIT (U.S. Eastern District of California). No change- The Recreation Groups' unopposed motion to intervene was denied, but the Groups may attempt to communicate their key points through "friend of court" status. The case remains in the initial stages, with briefing on the merits scheduled to begin on July 11, 2011 and concluding in November, 2011.
STANISLAUS TMR SUIT (U.S. Eastern District of California). By press time briefing on the merits will have been completed. Oral argument remains set for June 8, 2011 in Sacramento.
EASTERN MONTANA (Pryor Mountains) TMR Suit- (U.S. District of Montana)- No change- Briefing was completed in late January. Argument is at the discretion of the Court, and no hearing date has yet been calendared.
