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By: Robert Janis
Traditional Battle
between Environmentalists and OHV Users Reaching
New Level
We all know that when a person is diagnosed
as paranoid, then he thinks that there are
people out to get him when in fact there is no
such thing. However, what if a person or group
discovers that there is indeed someone out to
get them? The person should not be considered a
paranoid, but a realist.
Lawsuits between environmentalists and
off-highway vehicle recreationists appear to be
on an upswing, believes Don Amador, western
representative for the BlueRibbon Coalition, a
legal advocacy group that fights to assure
access to land for OHV users. "We are in a real
serious time for off-road recreation throughout
the country," warned Amador. "And I think that
2010 is going to be a very active time in the
legal and administration process. Why? It's
because we are in a perfect storm. The Forest
Service nationwide is doing travel management
and as the various forests complete their travel
management plans, many of them will be
challenged by environmental groups because they
don't think the management plans closed enough
trails.
"Some people may have heard of the timber wars
back in the 1990s during which environmentalists
went after the timber industry. Then you had the
private property wars during which
environmentalists questioned how people could
use their own land. Then there were the roadless
wars. Well, starting back in 2001-2002, we've
been in the OHV wars in which environmentalists
are trying to end off-highway vehicle
recreation."
There are two stunning examples taking place in
California that shows that this may be the
case--the Carnegie State Vehicular Recreation
Area (SVRA) in Alameda County, California; and
the Clear Creek Management Area, described by an
off-road magazine as one of the 10 most popular
OHV destinations in the U.S. and the one-time
home of the Quick Silver National Enduro. There
have been attempts by environmentalists groups
to close both of these sites and ban OHV use on
them.
The Carnegie State Vehicular Recreation Area
According to Amador, the Carnegie Park has been
a popular off-road park since the early 1960s.
When it first opened, it was owned by a private
individual. However, in the mid-1970s the
California State Parks purchased the property
from the individual for the purpose of
dedicating it for use by OHV recreationists. No
one thought there would be any problem. The land
was exactly what environmental groups were
saying would be ideal as an OHV recreation area
as far back as the 1970s. Environmentalists
believed that whole dump sites, rock pits and
garbage dumps would be appropriate places for
off-roaders to go and ride. Carnegie Park is
essentially that.
"The Park is essentially an old dump site where
there is an old, abandoned brick factory. There
are mining tails caused by a water project, and
it is right next to the Lawrence Livermore
Weapons Testing facility," said Amador.
Environmental groups are taking advantage of
some confusion between the California Water
Board, State Parks and the courts. The site
includes water run-off due to a creek that runs
four or five weeks out of the year that ends
outside of the park in agricultural land.
Environmentalists and other groups like the
California Sports Fishing Alliance, the Center
for Biological Diversity and PEER claim that the
run-off adversely affect fish in the area, and
they have sued asking that the park be closed.
In fact, there are no fish in the area and the
question of the run-off is the sole jurisdiction
of the California Water Board and other
regulatory agencies.
Judge Frank Roesch was expected to rule to keep
the park open while a water permit was obtained.
Instead, he ruled in favor of the suit and
closed the park.
"Historically in California laws are passed and
then the state agencies like the California
Water Board, Fish & Game, and the California
Highway Patrol are given mandates to enforce the
laws and regulations. Conflicts are left up to
the agencies to settle among themselves," said
Amador. "The California Water Board, State
Parks, and even the Army Corps of Engineers have
been working on this for some time and at no
time has the California Water Board asked for a
permit. In fact, their counsel sent a letter to
the court saying that the board strongly opposed
the efforts of the environmental groups to get
involved in what is an agency-to-agency decision
making process."
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