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Dedicated to conservation and multiple use of public lands for recreation opportunities. Edited by: John Stewart |
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Off-Roaders Reach Compromise With Green Attorneys in So. Cal. Desert Lawsuit
DATE: November 1, 2000
POCATELLO, IDAHO- In a hard-fought compromise between environmentalists and motorized recreationists finalized 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 by the Center for Biological Diversity and other organizations against the Bureau of Land Management (BLM), contending that the Bureau had failed to comply with the Endangered Species Act in managing the California Desert Conservation Area. The agreement was signed by these two parties, as well as a coalition of recreational organizations, including the High Desert Multiple Use Coalition, Desert Vipers, San Diego Off-Road Coalition, California Association of 4 Wheel Drive Clubs and the BlueRibbon Coalition. These recreational groups successfully intervened in the action in August and participated in final discussions on October 30 and 31 in a settlement conference conducted by U.S. Magistrate Judge Joseph Spero. Of primary concern was ISDRA management for Peirson's milkvetch, a plant that was listed as threatened under the Endangered Species Act in 1998. The new agreement should govern OHV issues in the ISDRA while the Bureau obtains a biological opinion from the U.S. Fish and Wildlife Service regarding potential impacts of the CDCA management plan upon species like Peirson's milkvetch.
The agreement follows a week of legal maneuvering by all parties. An initial settlement conference occurred on September 18, 2000, which included discussions focusing on possible immediate OHV closures in the ISDRA. While the recreational groups participated in the settlement conference they did not sign a stipulation which was filed by the Center and the Bureau on October 20, 2000, proposing immediate closure of more than 50% of the ISDRA previously open to OHV travel. On Monday, October 23, 2000, the recreational groups filed a motion before District Court Judge William Alsup asking him to postpone implementation of the agreement in order to hear their objections. In response, the Center moved the next day for a temporary restraining order, asking the Court to immediately approve the stipulation to close about 48,000 acres of the ISDRA. A hearing was conducted on the motions by telephone on October 26, 2000, and the Court denied the Center's motion, declined to order immediate closure and established a schedule for presentation of legal memoranda and argument to consider objections to the initial closure agreement.
As a result of these rulings, a previously-scheduled settlement conference on October 30, 2000, took on new significance. In discussions which lasted nearly two days the parties achieved their final agreement which modified the original proposal to open areas within the original proposed closure while creating smaller closures around known plant populations outside the original proposal.
Paul Turcke, a Boise, Idaho, lawyer representing the recreational groups, stated "We don't like having to agree to any closures, because we feel the best available information shows that OHV enthusiasts and the Peirson's milkvetch have successfully shared the Dunes for decades. We took maximum advantage of laws which allowed us to enter this litigation, but must recognize federal courts conduct very limited review of proposed settlements."
"We concluded we would accomplish more actively negotiating instead of standing on the outside and looking in on the other parties' agreement. We believe the new agreement is far better for OHV users and Peirson's milkvetch as a result," Turcke concludes.
OHV enthusiasts agreed. "A portion of the Dunes will be temporarily closed, but the new agreement allows important riding opportunities to remain available in desirable areas," said Jeri Ferguson, the southern representative of the California 4 Wheel Drive Association.
Jim McGarvie, a spokesman for the San Diego Off-Road Coalition, noted, "We agreed to closure of the areas containing the largest plant populations, which were - ironically - outside the original closure agreement. The first agreement was a poor fit between needs of recreationists and the plant. We will continue responsible use of the Dunes and look forward to a biological opinion which will allow even greater recreational opportunities for Dunes visitors."
Don Amador, the western representative for the Blue Ribbon Coalition, says, "I'm glad that we were able to reach a compromise on this lawsuit because many families look forward to enjoying the sand dunes during the Thanksgiving and Christmas holiday season. It had appeared to many of us that this lawsuit would turn out to be the 'Green-grinch' who stole Christmas."
The agreement will take effect as soon as it is authorized by the Court. On the ground signing of the closed areas will take place by November 22, 2000, after representatives of all parties confirm locations of actual plant populations and help distribute information regarding the agreement to the public. Preliminary map of the area are available at GlaminOnLine.
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Paul Turcke, Esq., 208-331-1800 |
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