Court Releases Final Decision on Eldorado National Forest Lawsuit
SACRAMENTO, CA (July 31)-- The Eldorado National Forest is free from
preservationist litigation attacking a Travel Management Plan that
originally closed just over 900 miles of roads and trails. Today
Senior U.S. District Judge Lawrence K. Karlton issued his final order
and judgment in a case originally filed in 2009.
The Court's May 2011 decision on the merits largely upheld the
Eldorado travel management decision, denying preservationist demands
for even more closures. Sadly, the court required further proceedings
to address Endangered Species Act procedures concerning 42 routes that
cross meadows. Today's order and final judgment, which terminates the
case, determines that the Forest has fully complied with any
Endangered Species Act concerns and adopts the Forest Service's
proposed remedy over preservationist objections for continued travel
along the meadow routes. According to the Forest Service, the meadow
routes encompass a total of about 135 miles. Under today's order,
access will be restored on about 46 miles of those routes, while about
89 miles will remain closed."
Pro-access recreation groups are disappointed with the order but glad
to see the case concluded. Several key organizations participated in
this suit and decades of litigation involving the Eldorado, including
the California Association of 4 Wheel Drive Clubs (Cal4), California
Enduro Riders Association, District 36 of the American Motorcyclist
Association and the BlueRibbon Coalition. Mark Cave, President of
Cal4, observed, "We're concerned these closures are unnecessary and
issued without legally required findings. But the "interim" status was
complete closure of the 42 routes, so even this result is a step
forward that allows some access." The Forest is completing renewed
analysis and will issue a new decision on these routes.
Cave used the "David versus Goliath" analogy to describe how
difficult it is to prevail against the well funded preservationist
efforts. Still, none of the groups involved are willing to give up.
"We encourage interested parties to stay in the loop, participate in
the ongoing management process and help support whatever next steps
the recreation groups decide to take." Cave added.
The case is entitled Center for Sierra Nevada Conservation v. U.S.
Forest Service, Case No. CV-09-2523. A copy of the Court's order
including a description of the 42 meadow routes may be viewed at
http://www.sharetrails.org/uploads/112-Order_on_remedy.07.31.12.pdf
.
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The Blue Ribbon Coalition is a national recreation group that
champions responsible recreation, and encourages individual
environmental stewardship. With members in all 50 states, BRC is
focused on building enthusiast involvement with organizational efforts
through membership, outreach, education, and collaboration among
recreationists. 1-800-BlueRib - http://www.sharetrails.org