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Dedicated to conservation and multiple use of public lands for recreation opportunities. Edited by: John Stewart |
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Center for Biological Diversity vs BLM Lawsuit: Update
DATE: December 20, 2000
On October 31, 2000, an initial stipulation restricting off-highway vehicle (OHV) use in the Imperial Sand Dunes Recreation Area (ISDRA) was modified to allow additional OHV recreational opportunities.
The agreement was completed as part of a lawsuit filed in U.S. District Court for the Northern District of California (case #C00-0927-WHA) by the Center for Biological Diversity (CBD) and other organizations against the Bureau of Land Management (BLM), contending that the Bureau had failed to comply with the Endangered Species Act (ESA) in managing the California Desert Conservation Area (CDCA).
The lawsuit deals with the relief for Endangered Species with approximately 27 counts involved.
In the lawsuit, BLM admitted liability to not doing a Section 7 consultation with U.S. Fish and Wildlife Service, thus, the need for settlement of the 27 counts. The requirement for public input under the National Environmental Protection Act (NEPA) does not apply to this lawsuit, nor does public involvement apply. This lawsuit is under court action and U.S. law.
The October 31 settlement was made regarding the Imperial Sand Dunes pertaining to one of the 27 counts, many of which do not deal with OHV's. They address grazing, mining, and other uses in this area. On December 12, 2000, a Settlement Conference was held in Sacramento, CA to discuss the OHV issues in the CDCA. The CBD had prepared a list of 42 "hot spots" in the CDCA that they wanted to talk about. BLM also prepared a list of "hot spots" consisting of about ten items. Most of these are pertaining to the relief or protection of the Desert Tortoise. This lawsuit is about whether BLM did a Section 7 consultation; not if the tortoise is endangered; not if OHV's have any effect on an endangered species; and not if there are other factors involved. BLM admitted they did not do the consultation and the negotiations are what BLM has to do until a biological assessment is done by U.S. Fish and Wildlife Service. The FWS has tentatively scheduled an assessment to commence in January 2001. The time frame for completion is unknown. Under the Endangered Species Act (ESA), species have all the rights in the court of law. No decisions were made at the December 12 Settlement Conference on any of the areas or the area as a whole. There will be more negotiations in the near future.
Some parties have been granted intervener status in this lawsuit for the purpose of settlements involved in the lawsuit only, not to determine whether the lawsuit is valid or not. The interveners can only be involved in the settlement talks as they pertain to a remedy. The parties are Blue Ribbon Coalition, California Association of Four Wheel Drive Clubs, High Desert Multiple Use Coalition, Desert Vipers Motorcycle Club, and the San Diego Off Road Coalition. The federal judge has stated several times that these interveners represent the OHV public. Other parties have attempted to intervene and their motions to intervene have been denied.
The OHV public is represented in the negations at the table. Don Klusman of the California Association of Four Wheel Drive Clubs stated, "We have had our hands tied by BLM admitting that they were wrong and we have to go from there. This is not a pretty process and not everyone is going to like what comes out of this in the end. There is a good chance that none of us will like it, but we are there trying to make the best out of a very bad issue."
People do not elect federal judges. They are appointed by the President and confirmed by the U.S. Senate to a term for life. Individuals writing letters protesting decisions by a judge will not help negotiations. Individuals wishing to provide comments should direct those comments to one of the intervener groups representing the OHV public.
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Paul Turcke, Esq., 208-331-1800 |
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