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.
* __
On the Net:
State park: http://www.utah.com/stateparks/coral_pink.htm
BLM: http://www.ut.blm.gov/coralpink.html
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.
* __
On the Net:
State park: http://www.utah.com/stateparks/coral_pink.htm
BLM: http://www.ut.blm.gov/coralpink.html