Legal Action Update, December 2009
For the most current legal action update, please view the latest edition of our online magazine.
The following section is a special feature that regularly appears in the BlueRibbon Magazine. Its purpose is to keep the BRC membership up-to-date on the actions and efforts of the Legal Action Team. This section is intended solely as an informational update, not an exhaustive strategic analysis. Periodic updates and additions will be provided in the future to allow BRC Members to monitor the progress of Legal Action Fund involvement.
Roadless Lawsuits (U.S. Districts Wyoming, North Dakota, California; 9th & 10th Circuits). Opening briefs in the 10th Circuit appeals were filed by preservationist interests in early November. The State of Wyoming's brief is due in late December, which is also the time that "friends of the court" supporting Wyoming's position (opposing the 2001 Clinton Roadless Rule) will file.
Yellowstone AND Grand Teton Park Snowmobile Suits (U.S. Districts of D.C. & Wyoming; D.C. & 10th Circuits). The simple answer is that the new "318 rule" is virtually certain to govern access in the coming season. In terms of new developments, the 10th Circuit Court of Appeals recently and predictably ruled that any review of "interim" use levels is moot in light of the aforementioned "318" rule. In response to the 318 rule, the State of Wyoming has filed a new action in the U.S. District of Wyoming. Snowmobile interests are evaluating whether and how to participate in that action. Motions to dismiss proceedings in the district and appellate courts in the District of Columbia remain pending. Updated information is always available at www.saveyellowstonepark.com.
Gallatin National Forest (U.S. District of Montana). After the Court's order in response to the Forest Service motion to clarify the judgment, the Forest Service issued an interim order allowing snowmobile travel in only that portion of the Hyalite-Porcupine-Buffalo Horn WSA that it felt could be conclusively determined to occur in 1977, which was the Big Sky Trail and about 2,700 acres in the Portal Creek area. The Forest Service and both multiple-use intervenor groups, including our Treasure State Alliance-led group, have filed notices of appeal with the 9th Circuit seeking review of the district court decision(s).
CDCA WEMO-NECO cases (U.S. Northern District of California). The parties continue to investigate whether settlement of any aspect of this case is possible. A meeting occurred on November 10, 2009, and a follow-up meeting is scheduled for December 18, 2009.
Little Belts Travel Plan Challenge (U.S. District of Montana). No change - briefing has been completed on motions presenting the merits of this case, and the court will review those pleadings and determine whether to hear oral argument on the motions.
Southern California "Four Forests" Suit (U.S. Northern District of California). The parties are still determining whether settlement is possible here. An initial meeting was held on November 18, 2009, and counsel are exchanging proposals and responses outlining possible settlement issues.
Clear Creek Management Area (California). No change - all still await release of the DEIS on the Hollister Revised RMP.
Sawtooth Forest Travel Plan (U.S. District of Idaho). No change- both the district court case on the merits and the motorized recreation groups' appeal from the denial of intervention remain fully briefed and pending before the respective courts.
Utah RMPs Lawsuit (U.S. District of Columbia). No change- motions to transfer the case remain pending, as does the United States' and SUWA's joint motion to stay proceedings to evaluate settlement. Intervenors, including TPA-COHVCO-BRC, have not been allowed to meaningfully participate in settlement negotiations and have opposed the joint motion.
Eldorado Travel Plan (U.S. Eastern District of California). The two cases challenging the Eldorado travel plan remain in their early stages. BlueRibbon and its pro-access partners continue their efforts to intervene in the suit filed by preservationist interests.
Other Matters - Two significant appeals were filed in November in the ongoing USFS Travel Management exercise. The first is from the decision in the Salmon Challis (ID) National Forest, by the MIC-SVIA-BRC joint effort.. The other is from the decision to close the Upper Tellico OHV Area in the Nantahala (NC) National Forest, which was filed by the SFWDA-UFWDA-BRC team. A copy of the Tellico appeal can be viewed at http://www.sharetrails.org/tellico1209