Legal Action Update, October 2006
Fund for Animals v. Norton II & ISMA/BRC v. Norton (US District Court - DC, DC Circuit Court, US District Court - Wyoming & 10th Circuit). Status reports are due on September 15, 2006, before the Honorable Emmett Sullivan updating Congressional activities and progress on the Parks winter use planning process. BlueRibbon and its co-parties are continuing their efforts to neutralize the anti-access interests' attempts to argue that the newly-adopted Park Service Management Policies should somehow be interpreted to preclude snowmobile access to the Parks.
Center for Biological Diversity v. BLM/USFWS (US District Court - Northern California). The parties' positions on remedy remain under advisement with the Court. The Center for Biological Diversity recently filed a new action challenging BLM management and OHV access in the Western Mojave (WEMO) planning area and have filed a "related case motion" contending that the new matter may be related under applicable local rule to the pending case.
CBD & California Native Plant Society v. BLM (US District Court - Northern California). No change - This matter has been concluded as a result of the stipulation dismissing Plaintiffs' claims. No restrictions on OHV access were ever imposed as a direct result of this litigation.
Defenders of Wildlife v. Martin (US District Court - Eastern Washington). A hearing was held in this matter on September 7, 2006, on pending motions for summary judgment and the Plaintiffs' "Second Motion for Injunctive Relief." Prior to the hearing, the ISSA/BRC et al intervenors entered a stipulation dismissing their cross-claims against the Forest Service, which acknowledged that the primary goal of the cross-claims was achieved through the Forest Service's commencement of a new winter recreation planning process. This process will address all matters at issue in this litigation, including the propriety of the existing Selkirk Crest snowmobile closure. The Court has taken the remaining motions under advisement, indicated that a decision would be issued "shortly" and that any remedy sought by Plaintiffs will likely require further proceedings.
Friends of the Earth/Bluewater v. US Dept. of Interior/National Parks Service (US District Court - DC). Briefing is nearly completed on renewed motions to dismiss this case for lack of jurisdiction.
Roadless Lawsuits (States of CA, OR, NM & The Wilderness Society et al. v. US Forest Service & US Dept. of Agric.) (US District Court - Northern California). This matter remains under advisement following the August 1, 2006, hearing on motions for summary judgment. On August 7, 2006, the Court requested further submissions from the parties on several specific legal and factual questions. The BlueRibbon et al. intervenor group submitted a response on September 1, 2006.