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By: Robert Janis
Traditional Battle
between Environmentalists and OHV Users Reaching
New Level
Continued from
page 1...
State Parks and the Attorney General's Office of
California have appealed the decision to a
three-judge panel. In support of that effort are
the American Motorcyclist Association District
36, CarnegieForever.org, the California
Off-Highway Vehicle Association, the BlueRibbon
Coalition and the California 4Wheel Drive
Association.
Some have asked why OHV legal interests did not
intervene when the suit was originally filed.
"The whole thing is complicated," explained
Amador. "In order for the BlueRibbon Coalition
to be a part of the proceedings, we must be
invited in or we must partition the court and
the Attorney General's Office. The Attorney
General's Office and State Parks didn't think
they needed the help of a third party because
they thought that the judge was going to rule
against the environmentalists and keep the park
open. He surprised everyone with his last minute
decision. Now it is rather difficult for
BlueRibbon to get involved." However, BlueRibbon
is monitoring the case; and if an appropriate
opportunity presents itself, the organization
will get involved.
The Panel has decided to keep the park open as
it reviews the issue. "They may end up being a
moderating force in the legal process," said
Amador. "Often times a three- judge panel will
countermand an activist judge. We're hoping that
the three judge panel will, at the end of the
day, let common sense prevail and allow the
agencies to work the issue out themselves just
as it has been done in the past."
Clear Creek Management Area
The Clear Creek Management Area is administered
by the Bureau of Land Management (BLM). It is a
70,000 acre facility that was closed in 2008
when the Environmental Protection Agency
determined that there were health risks due to
the natural presence of asbestos. "I fear that
an alliance between the environmental groups and
people within the Environmental Protection
Agency and other environmental departments put
pressure on the BLM to order an emergency
closure," said Amador. The area has been closed
to all users, not just off-highway vehicle
enthusiasts. "That includes hikers, mountain
bikers, hunters and more," said Amador.
Currently, BLM is doing an Environmental
Planning Document. "They just released their
Draft Environmental Impact Statement in December
2009," said Amador. "At the end of January they
held public meetings in Northern California that
were well attended by California off-roaders and
other user groups. Now we are in a comment
period that ends on March 5."
BlueRibbon will be submitting comments
challenging the science and will call for the
area to be re-opened to OHV users.
"Once the comment period is over, we have to
wait for the final Record of Decision. Based on
what that is, we will support or challenge it,"
said Amador.
The area will be closed at least through January
2011. "Emergency closures are hard to challenge
in court because the courts tend to give
discretion to executive branch agencies," said
Amador.
BlueRibbon among other groups are mobilizing
OHV'ers to respond to both the Clear Creek and
the Carnegie Park issues. Information can be
found on the Clear Creek issue at the Friends of
Clear Creek Managing area
(www.foccma.org). More information on the
Carnegie Park issue can be found at
www.carnegieforever.org. BlueRibbon
Coalition is following both. Its site is:
www.sharetrails.org.
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