Legal Action Update, May 2010
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.
Six Rivers Forest Suit (U.S. Northern District of California). BlueRibbon joined forces with numerous outdoor recreation groups and Del Norte County, California, in filing suit on May 13, 2010, against the Six Rivers National Forest. The suit alleges the Forest violated applicable law in releasing its Motor Vehicle Use Map and in decommissioning certain routes using ground-disturbing methods. For more information see http://www.sharetrails.org/releases/?story=697
Tellico OHV System (U.S. Western District of North Carolina). BlueRibbon has again filed suit alongside the Southern Four Wheel Drive Association and United Four Wheel Drive Associations challenging both the closure of the Upper Tellico OHV System, as well as the Forest's recently-revealed intent to proceed with decommissioning the majority of trails in the System. The suit was filed on May 18, 2010. For more information see http://www.sharetrails.org/releases/?story=698
Little Belts Travel Plan Challenge (U.S. District of Montana). The Plaintiffs Russell Country Sportsmen et al. have reached a conceptual agreement on remedy with the Forest Service, which is still under review with various government offices. Pursuant to the parties' stipulation, a joint position on remedy will be filed by plaintiffs and defendants on or before June 18, 2010. Intervenor MWA filed its own position on remedy in mid-April. A hearing on remedy has been rescheduled for July 2, 2010, in Great Falls.
Eldorado Travel Plan (U.S. Eastern District of California). The case remains in its early stages. A scheduling conference was held on April 19, 2010. On May 19, 2010, the Federal Defendants lodged the administrative record. Briefing in the case is currently scheduled for Fal, 2010.
Utah RMPs Lawsuit (U.S. District of Columbia). No change. Motions for transfer of venue remain pending. No litigation schedule currently exists.
Southern California "Four Forests" Suit (U.S. Northern District of California). Settlement negotiations are continuing. The parties recently entered a fourth stipulation to stay any further proceedings until September 10, 2010.
CDCA WEMO-NECO cases (U.S. Northern District of California). The parties recently modified their schedule for presentation of remedy issues. Plaintiffs have filed their initial materials, and Defendants and Intervenors will respond in July. Plaintiffs will have a reply, and a hearing is presently scheduled in August in San Francisco.
Gallatin National Forest (U.S. District of Montana). No change- opening briefs are due in June, 2010.
Sawtooth Forest Travel Plan (U.S. District of Idaho). No change- Oral argument was heard in the 9th Circuit Court of Appeals on March 9, 2010, and the appeal on the denial of intervention is under advisement. The district court has not ruled on the underlying merits of the Sawtooth Travel Plan.
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 under advisement.
Clear Creek Management Area (California). No change- comments on the Hollister DEIS are under review with BLM.
Yellowstone Winter Use Planning (U.S. Districts of D.C. & Wyoming; D.C. & 10th Circuits). No change- The scoping process for a new long-term winter use plan has ended. The next step will likely be preparation of an environmental impact document for public review. Track any updates at www.saveyellowstonepark.com.
Other Projects — The BRC Legal Team has been working on numerous other Forest Service TMR projects, recently including submitting joint comments on behalf of MIC-SVIA-BRC on the Coconino National Forest (AZ), and detailed work on the Black Hills (SD), Gunnison (CO), and Shasta Trinity (CA) Forests. Also, our appeal on the Ouachita (AR) travel plan was partially affirmed, with the appeal decision finding improprieties in certain procedures by which technical requirements were imposed for Wolf Pen Gap trails.