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Crowdog
03-28-2004, 07:56 AM
Supreme Court Eyes Land Management Case

By PAUL FOY
Associated Press Writer

March 26, 2004, 5:27 PM EST

KANAB, Utah -- A wilderness area that has been proposed for government protection stands next to a state-run ATV park where people go joy-riding across the red sand on knobby tires, much to the chagrin of environmentalists.

Environmentalists say the proposed protected area -- with its dunes and ancient stands of ponderosa pines -- is in danger from ATV damage while the federal government ponders the future of the land. They want it safeguarded now, not months from now when a final decision is made.

The dispute has given rise to a U.S. Supreme Court case that will be heard on Monday.

At issue is whether citizen groups can sue the U.S. Bureau of Land Management to force it to more aggressively safeguard public land awaiting a decision on protected status. The case could have sweeping implications for the management of federal land across the West.

The clash of competing interests is taking place about 250 miles south of Salt Lake City, at a government-owned wilderness study area known as the Coral Pink Sand Dunes. It borders on three sides a state park for all-terrain vehicle enthusiasts.

The ATVs are allowed to travel inside the wilderness area on a loop road and two side trails. But the line separating the most delicate dunes from the ATV paths is little more than an imaginary line in the sand.

"You need a map to figure it all out," said Al Hall, a retired construction worker who has a $2,500 dune buggy built with parts from two cars. While most off-roaders respect the boundaries, he said, "there's no trail markings per se."

Conservationists say the ATV enthusiasts ride over the wilderness area and rip up pine saplings and other vegetation with their knobby-tire vehicles.

"There's been such an explosion of ATV use in Utah that we're seeing offshoots from illegal trails and expansion of existing trails. We're seeing trees uprooted and soil eroded, and this is all taking place in a fragile desert ecosystem," said Heidi McIntosh of the Southern Utah Wilderness Alliance.

The BLM has rejected suggestions from wilderness advocates that the 14,830-acre area be fenced to keep out illicit ATV traffic, saying it would not be practical or economical.

So the wilderness association sued the BLM, seeking to force land managers to be more aggressive in protecting the dunes and other Utah wilderness study areas.

The BLM -- which has recommended against protected status for the high desert land under dispute -- is obligated by federal law to keep wilderness study areas pristine so they can remain candidates for permanent protection until Congress makes a final decision.

The agency insists it is doing everything required by law to protect the land. And it claims its day-to-day management actions cannot be challenged by citizen groups or the courts -- only "final agency actions" can.

The Justice Department, representing the BLM, has argued that citizen groups would gum up government with unending lawsuits if they were allowed to challenge every incremental land management decision.

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On the Net:

State park: http://www.utah.com/stateparks/coral_pink.htm

BLM: http://www.ut.blm.gov/coralpink.html

Crowdog
03-30-2004, 02:13 PM
Supreme Court shows little enthusiasm for wilderness advocates
GINA HOLLAND, Associated Press Writer
Monday, March 29, 2004
©2004 Associated Press

URL: sfgate.com/cgi-bin/article.cgi?file=/news/archive/2004/03/29/state1721EST7540.DTL


(03-29) 14:21 PST WASHINGTON (AP) --

Supreme Court justices seemed unsympathetic Monday to a lawsuit that accused the federal government of doing too little to protect undeveloped land in Utah's back country from off-road vehicles.

The court is considering whether citizens can sue to force the federal Bureau of Land Management to more aggressively safeguard land that is being considered for wilderness designation.

Justice Sandra Day O'Connor said she was disturbed by photographs of damage to the areas -- a landscape that includes sand dunes and ancient stands of ponderosa pines.

At the same time, O'Connor said critics of land managers seemed to be trying to use a legal shortcut to force changes.

"It's not like we're trying to take over running the agency," said Paul Smith, the Washington lawyer for the Southern Utah Wilderness Alliance and other groups.

That's what it sounds like, Chief Justice William H. Rehnquist said.

The case asks the court to clarify when a federal agency can be sued for failing to follow a congressional mandate. In this case, the mandate involves preserving areas that may be considered for special government protection.

Congress makes the final decision on extending wilderness protection. But land managers are supposed to preserve candidate areas in pristine condition in case Congress decides they should be formally protected. The Southern Utah Wilderness Association sued BLM, arguing land managers were doing too little and asking the judge to order them to be more aggressive in protecting Utah wilderness study areas.

The Bush administration maintains that the lawsuit filed in 1999 by the environmental groups was premature because it did not challenge a final agency action, only day-to-day management decisions.

Deputy Solicitor General Edwin Kneedler said Monday that there are procedures for complaints, but the lawsuit was not the proper one.

Smith said the agency was using inaction to avoid lawsuits. Courts need to be able to force agencies to follow the law, he said.

"That's putting the district judge in the place of the secretary of interior," Justice Antonin Scalia said.

Justice Ruth Bader Ginsburg said the groups could have asked agency leaders to close the areas to off-road vehicles, then followed up with a challenge if they refused.

The Denver-based 10th U.S. Circuit Court of Appeals ruled that the department could be sued for allowing damage to the lands. Justices will decide by July whether to overturn that decision.

The case is Norton v. Southern Utah Wilderness Alliance, 03-101.

Crowdog
03-31-2004, 07:42 AM
Media Release: SUPREME COURT HEARS ARGUMENT IN VEHICLE ACCESS LAWSUIT
Contact: Paul Turcke, Esq.
Phone: (208) 331-1807
Fax: (208) 331-1200
E-mail: pat@msbtlaw.com
Brian Hawthorne
Phone: 208-237-1008
Fax: 208-237-9424
E-mail: brbrian@sharetrails.org
Webpage: www.sharetrails.org
Date: March 30, 2004


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POCATELLO, ID (March 30) -- On Monday, March 29, 2004, the United States Supreme Court heard oral argument in an administrative law case focusing on the manner in which special interest groups can challenge federal agency management of vehicle access to Utah desert lands. The case was originally filed in 1999 by the Southern Utah Wilderness Alliance (“SUWA”) and other groups, who contend that the Bureau of Land Management (“BLM”) has “failed to act” to protect wilderness study areas and other lands. Also parties to the case are the BlueRibbon Coalition and the Utah Shared Access Alliance (“USA-All”), who intervened in the original suit on behalf of off highway vehicle recreation interests and filed the motion to dismiss leading to appellate proceedings before the 10th Circuit Court of Appeals and the Supreme Court.

The Court led the arguing attorneys through a spirited and wide-ranging argument. Commentators and media observers characterized the Court as generally “unsympathetic” to SUWA’s claim that BLM had failed to act on its management duties, noting that there exist other and more traditional methods by which to assert the insufficiency of agency actions. Filing a merits brief in the case and attending the argument on behalf of the vehicle access advocates were lead counsel Paul Turcke of the BlueRibbon Legal Action Program and local counsel Paul Mortensen of USA-All.

“This case is both legally and factually complex, and observers and interest groups have found varied facets of it to emphasize,” Turcke observed. “In the end, this case is about whether a special interest group can invite ongoing judicial oversight of agency management simply by alleging the agency has ‘failed to act’ fully on some broad management duty”.

Access opponents conveniently overlook the BLM actions to aggressively manage vehicular access in vast portions of Utah’s desert to protect the back country character. “These groups seem to be focused on eliminating access to the fraction of these areas where families can still ride,” Turcke concluded.

Chief Justice William Rehnquist announced at the close of argument that the case has been submitted to the Court. The parties anticipate a decision in the case as early as this summer.

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The BlueRibbon Coalition is a national recreation group that champions responsible use of public lands. It represents over 1,100 organizations and businesses with approximately 600,000 members.