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CLEAR CREEK LAWSUIT
DISMISSED
 HOLLISTER,
CA (Aug. 22) - Off-highway vehicle (OHV)
recreation continues without the cloud of
litigation over the popular Clear Creek
Management Area (CCMA) for the first time in
over eighteen months following the recent
dismissal of a lawsuit brought by the Center for
Biological Diversity (CBD) and California Native
Plant Society. Managed by the Bureau of Land
Management (BLM), the CCMA has been under attack
for several years by anti-access groups seeking
to close the popular off-road riding area, home
of the AMA-sanctioned Quicksilver Enduro and
known by enthusiasts throughout the country.
The BlueRibbon Coalition, a national
non-profit recreation group (BRC), spearheaded
an effort by motorized recreation interests to
intervene in this case in order to help to
protect public access to the CCMA. The suit,
filed in Federal District Court in San Jose in
November 2004, threatened to eliminate most
motorized use of the entire area. The Plaintiffs
filed numerous motions seeking immediate
judicial imposition of travel restrictions, none
of which were granted.
"We are pleased at this result. The
recreation community is proud of its strong
legal defense of the agency's planning process
and continued support for active management of
the CCMA," noted Paul Turcke, a Boise, Idaho,
attorney representing the Salinas Ramblers
Motorcycle Club, the American Motorcyclist
Association District 36, the California
Association of 4 Wheel Drive Clubs, the
California Off Road Vehicle Association, the Off
Road Business Association and the BlueRibbon
Coalition in the lawsuit. "However, this success
should not trigger complacency. A number of CCMA
issues remain pending, including our Interior
Board of Land Appeals challenge to the 'dry
season' closure, and future litigation at the
CCMA and other California riding areas is,
unfortunately, more likely than not," Turcke
cautioned.
Before and during the lawsuit the Bureau of
Land Management has been working on a travel
management plan for the area. On January 13,
2006, the Bureau of Land Management (BLM)
released its Record of Decision restricting
vehicle travel in the CCMA to designated routes
and areas. Based largely on the issuance of this
plan, the Plaintiffs stipulated to dismissal of
their suit, which the Court approved on August
3, 2006.
Don Amador, western representative for the
BlueRibbon Coalition, states, "I believe that
off-roaders should continue to build our
partnership with the BLM and help support the
agency's effort to have a balanced program. With
the distraction of this lawsuit removed, the OHV
community can even more sharply focus our
resources on proactive management of Clear
Creek."
The BlueRibbon Coalition is a national
recreation group that champions responsible use
of public and private lands, and encourages
individual environmental stewardship. It
represents over 10,000 individual members and
1,200 organization and business members, for a
combined total of over 600,000 recreationists
nationwide.
1-800-258-3742 -
www.sharetrails.org.
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