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| Recreational Access and Conservation - Conservation and Public Service Activities | Short Cuts | ||||
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Edited by: John Stewart |
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Recreationists File Lawsuit Against Desert Closure
American Sand Association (ASA) membership and off road enthusiasts of all types officially engaged the Bureau of Land Management (BLM) in a lawsuit filed on May 17, 2001.
The ASA, along with California Off-Road Vehicle Association (CORVA) and American Motorcycle Association (AMA) District 37, filed suit in the Southern District Court in San Diego, California, that if successful will remove all closures in the Imperial Sand Dunes Recreation Area (ISDRA) with exception of the wilderness area north of Highway 78. Spokesman for ASA said, "Our chances are good, but we have some issues ahead of us, which will be dealt with aggressively. However, at some point in the near future we hope to return these dunes back to us, the rightful owners of the sand."
The complaint with the BLM says: The BLM violated the Endangered Species Act (ESA) by not following proper procedures when closing public lands in the ISDRA. The BLM did not follow the requirements set forth in the National Environmental Policy Act (NEPA), which requires the BLM to study the impacts of such closures. The BLM also did not follow the public input process required by law. What this means is the BLM should have done a full and complete environmental review on these closures and their effect on the desert before they closed any land to motorized access or camping. The BLM is also required to offer the public a forum in which to comment on said closures. They did neither of these things as required by law.
The BLM also violated the Federal Land Policy and Management Act (FLPMA) by (1) not evaluating or determining whether these closures were necessary to protect the PMV and by (2) not determining whether or not these closures are consistent with the ìmultiple useî requirements of FLPMA.
The BLM illegally, by way of this closure, violated the rights the public has to shape public land use policy in the California Desert.
Because of the San Diego Off Road Coalition's (SDORC) successful motion for clarification and the subsequent ruling by Judge Alsup, recreationists believe this great opportunity to reopen the dunes. Since SDORC was technically a defendant in the first lawsuit as an Intervenor, there are legal reasons why they are not named on the suit. SDORC is one of the largest contributors and has worked closely with the ASA; not only on the legal aspect, but the biological effort as well.
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