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OHV Organizations Prevail in Montana Land Use
Case
Travel
Management Process on Lewis and Clark National
Forest Flawed
Irvine, Calif., March 11, 2010 - On March 10,
the U.S. District Court for the District of
Montana ruled that the 2007 Travel Management
Plan issued by the Lewis and Clark National
Forest in Montana violated the National
Environmental Policy Act (NEPA) and the Montana
Wilderness Study Act (MWSA). The Specialty
Vehicle Institute of America (SVIA) and the
Motorcycle Industry Council (MIC) had joined a
coalition of recreation groups in filing a
lawsuit challenging the Plan.
SVIA and MIC general counsel Paul Vitrano
commented, "We are pleased with the ruling.
It shows that when agencies overstep their legal
authority OHV enthusiasts and industry can not
only get our voices heard, but we can impact the
process."
The lawsuit challenged the Travel Management
Plan covering part of the Lewis and Clark
National Forest. The final plan developed
by the Forest reduced access for off-highway
vehicles (OHV) by over 50% and placed more of
the Forest off-limits to OHVs than any
alternative that had been proposed. The
Court ruled the plan was a violation because
NEPA requires that all reasonable alternatives
be presented in a draft environmental impact
statement (DEIS). The Court wrote in its
opinion: "The [Forest's] final decision was not
discussed in the DEIS as an alternative and was
not a blend of DEIS alternatives. Rather, it
created a unique and separate alternative. Not
only was the unexamined alternative viable and
reasonable in the eyes of the Forest, it was
chosen as the final agency decision."
The Court also found that the travel plan,
which would have eliminated two-thirds of the
previously available motorized routes in the
Middle Fork Wilderness Study Area, violated the
MWSA. The MWSA directed the Forest to
maintain the wilderness character of the study
area as it existed when the Act was enacted,
1977. The Court wrote: "To the extent the
wilderness character was there in 1977, it was
to be maintained. To the extent the wilderness
character was lacking in 1977, it was not to be
imposed."
The Lewis and Clark developed the plan in an
effort to implement the national Travel
Management Rule finalized by the U.S. Forest
Service in November 2005. The rule
requires each Forest to undergo processes to
designate roads, trails, and areas that are open
to motor vehicles.
MIC and SVIA senior vice president, Kathy Van
Kleeck said, "We believe the Court made the
correct ruling in this case; however, it is
important to note that the industry continues to
support the Travel Management Rule, as well as
efforts by the Forest Service to effectively
manage OHV use. In every case we hope that
collaborative processes will result in equitable
plans, but in some cases, like the Lewis and
Clark, it is necessary to take additional
measures."
The suit was filed by the Russell Country
Sportsmen, Montana Trail Vehicle Riders
Association, Great Falls Trail Bike Riders
Association, Great Falls Snowmobile Club,
Meagher County Little Belters, Treasure State
Alliance, Motorcycle Industry Council, Specialty
Vehicle Institute of America, and BlueRibbon
Coalition. Representing the plaintiffs are
Paul Turcke of Boise, Idaho, Bill Horn of
Washington, D.C., and Rob Cameron of Helena,
Montana.
The Motorcycle Industry Council exists to
preserve, protect and promote motorcycling
through government relations, communications and
media relations, statistics and research,
aftermarket programs, development of data
communications standards, and activities
surrounding technical and regulatory issues. It
is a not-for-profit, national industry
association representing manufacturers and
distributors of motorcycles, scooters,
motorcycle/ATV/ROV parts and accessories, and
members of allied trades such as insurance,
finance and investment companies, media
companies and consultants.
The MIC is headquartered in Irvine, Calif., with
a government relations office adjacent to
Washington, D.C. First called the MIC in 1970,
the organization has been in operation since
1914. Visit the MIC at
www.mic.org.
The Specialty Vehicle Institute of America®
promotes the safe and responsible use of
all-terrain vehicles through rider training,
public awareness campaigns and state
legislation. Additionally, the SVIA works to
preserve access to off-road lands and expand
riding opportunities. The SVIA is a resource for
ATV research, statistics and vehicle standards.
Accredited by the American National Standards
Institute (ANSI), the SVIA develops standards
for the equipment, configuration and performance
requirements of ATVs.
Based in Irvine, Calif., the SVIA is a
not-for-profit industry association sponsored by
Arctic Cat, BRP, Honda, Kawasaki, KTM, KYMCO,
Polaris, Suzuki, Tomberlin and Yamaha. Visit the
SVIA online at
www.svia.org. For safety information or to
enroll in the ATV RiderCourseSM nearest you,
visit
www.atvsafety.org or call (800) 887-2887.
About Motorcycle Industry Council
The Motorcycle Industry Council exists to
preserve, protect and promote motorcycling
through government relations, communications and
media relations, statistics and research,
aftermarket programs, development of data
communications standards, and activities
surrounding technical and regulatory issues. It
is a not-for-profit, national industry
association representing manufacturers and
distributors of motorcycles, scooters,
motorcycle/ATV/ROV parts and accessories, and
members of allied trades such as insurance,
finance and investment companies, media
companies and consultants. The MIC is
headquartered in Irvine, Calif., with a
government relations office adjacent to
Washington, D.C. First called the MIC in 1970,
the organization has been in operation since
1914. Visit the MIC at
www.mic.org.
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