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COURT INVALIDATES ELDORADO
VEHICLE MANAGEMENT PLAN
SACRAMENTO, CA: In an order dated February 15,
2005, Senior U.S. District Judge Lawrence K. Karlton
agreed with both vehicle access advocates and opponents
that the U.S. Forest Service has not been properly
managing off-highway vehicle (“OHV”) use on the
Eldorado National Forest. The order came in a case
originally brought by anti-access organizations,
and later joined by vehicle access advocates such
as the California Enduro Riders Association, the
California Association of 4 Wheel Drive Clubs, the
California Off-Road Vehicle Association, and the
BlueRibbon Coalition. Judge Karlton’s order found
that the Forest Service failed to fully comply with
the National Environmental Policy Act when it issued
its 1990 travel management plan, and further found
legal violations associated with the 1999 Rock Creek
Trail Plan.
“We are still attempting to fully digest the
Court’s ruling, but it would appear the decision
provides opportunity for celebration and concern
for all involved,” stated Paul Turcke, the lead
attorney representing the OHV advocates in the case.
“No party has ever been satisfied with either the
1990 or the 1999 plan, and we are glad to see the
Court appears willing to take the Forest Service
to task for its sins of omission,” opined Don Amador,
Western Representative for the BlueRibbon Coalition.
“We are not sure where we all go from here, but
we remain committed to working with the Forest Service,
the Plaintiffs, and interested members of the public
in forging a new plan that will preserve the environment
while allowing reasonable human access to the Forest,”
concluded Don Klusman, Natural Resource Consultant
for the California Association of 4 Wheel Drive
Clubs.
The decision does not establish a remedy for
the Forest’s legal violations, but requires the
parties to submit further information and sets a
hearing regarding possible remedies for April 11,
2005. While the decision did find legal violations
underlying the 1990 and 1999 plans, the Court also
rejected many of the arguments offered by both the
vehicle access opponents and advocates. The case
is entitled Center for Sierra Nevada Conservation
v. Berry, Case No. CV-03-325.
Contact:
Paul Turcke 208-331-1807; 208-861-1334
Don Amador 925-625-6287; 925-783-1834
Don Klusman 530-671-4587
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