S. Cal WEMO overturned!

TomJeeps

Well-Known Member
Looks like the enviro groups are getting their way again in court.
COW is an anti OHV group so the write up will be biased, but....:

http://www.orvwatch.com/

That is the only site so far that I've seen mention of the ruling.
This goes a few steps above Scuttle Butt I'm afraid, details should be out tomorrow from what I'm being told, let's just pray this one don't check out...TJ:eek:
 

retroblazer

Well-Known Member
Are there any stats that tell us how much the BLM or the Feds spend to defend themselves against this B.S.? In a case like this, does the court hear supporting arguements from anybody other then the BLM or is this just administrative rule enforcement against a gov. agency?
 

pjc

Chairman
The CBD and many others sued and won preliminary cases in court in Nevada in their long and fruitless attempt to list the Sage Grouse as an endangered species. I suspect that the BLM can appeal and will do so.

Also in this case, it was determined that the BLM did not violate the ESA for the turtle and the plant.

Turning to the ESA claims and the two BiOps at issue, the Court finds that FWS considered all relevant factors, and that its analyses and conclusions are reasoned and supported by the record. The BiOps explain in detail why FWS concluded that the WEMO and NECO Plans would not jeopardize the continued existence of the desert tortoise and the Lane Mountain milk-vetch, as well as why those plans would not destroy or adversely modify designated critical habitat of the desert tortoise. The Court also finds that the amended Incidental Take Statements (“ITSs”) for both BiOps comply with the law.
 

kim

Rescue 3
BLM has 30 days to prepare a resonse and they are hard at work. The impact of this decision is not yet known as there is another hearing to determine all of that in approx 30 days.

We need to keep our powder dry for now. I would however urge everyone to use your time and energy to campaign for change in CA and other Western states. Help vote the liberal dems out of office. We need a change we truly can believe in and it's not from the liberal left.
 

Shoyrtt

Well-Known Member
Local media coverage:
From "The Sun" 10-1-09 http://www.sbsun.com/news/ci_13455118

A federal judge has said the process that created miles and miles of off-road vehicle trails in the Mojave Desert over the past decade was flawed, though it is not clear what that will mean for the trails.

Ruling in a case brought by several environmental groups, U.S. District Judge Susan Illston said the federal Bureau of Land Management did not property follow rules in an 1976 law when it created a network of off-road trails in the western Mojave.

"Some of the routes weren't properly designated," said Lisa Belenky, an attorney for the Center for Biological Diversity, one of the plaintiffs in the case. "They didn't know what was out there. ... The court, quite clearly, said they really did not look at the impacts of these routes."

Various federal laws demand that agencies study the possible environmental impacts of allowing, among other things, off-road trails on federal lands. Belenky said Illsont's ruling shows that BLM did not properly look at how the off-road trails would affect the desert environment and the habitats of desert animals, including the desert tortoise.

"You're supposed to figure out what you're trying to protect and what you're tring to access and then figure out a route that does that," said Eldon Hughes of the Sierra Club. "The ones in charge (of BLM) didn't want to do it right. They felt their constituency to the off-road community, the mining communityi and all that was more important than the wildlife."

He said BLM will have to go back and take a second look at the off-road trails it approved, checking to see if they should have been approved in the first place.

But that's not clear from Illson's ruling and the ruling does not immediately impact off-road trails.

Illson has scheduled a meeting on Oct. 30, when BLM and the plaitiffs will discuss the "remedial phase" of the lawsuit.

John Dearing, a spokesman for the BLM's California headquarters, said the bureau is still reviewing Illston's 92-page ruling. He said BLM will have to do something about the off-road trails, but it isn't clear what that something will be.

"They've pretty much thrown out the off-road vehicle stuff," Dearing said. "Obviusly we're going to have to do something in that regard. ... We'll see what the court will ask us to do."
 

baja619

Well-Known Member
Where in the hell are these study results and what does it conclude?


Most likely not a damn thing if the study was carried about by an independent non biased firm. An offroad trail is about as destructive as a jack rabbit path. In the end mother Nature consumes and takes back what is hers. I just hope she $#!&S green fecal matter all over these hippies. The same MOTHER [email protected]#&3r$ that are too busy tying themselves to a tree to experience a 115 degree desert monsoon in the middle of summer.
 
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