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Dedicated to conservation and multiple use of public lands for recreation opportunities. Edited by: John Stewart |
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Court Approves Desert Management Compromise
March 21, 2001
Pocatello, Idaho - U.S. District Court Judge William H. Alsup has approved a final series of agreements between a diverse collection of legal adversaries which will guide ongoing management efforts in the California Desert Conservation Area ("CDCA"). The lawsuit, brought by the Center for Biological Diversity and other organizations, contended the Bureau of Land Management ("BLM") was managing the CDCA in violation of the Endangered Species Act.
A coalition of recreational organizations, including the Desert Vipers Motorcycle Club, San Diego Off-Road Coalition, California Association of 4 Wheel Drive Clubs and the BlueRibbon Coalition, successfully moved to intervene in the case, participated in settlement negotiations and signed several of the agreements affecting recreational issues. Judge Alsup denied as untimely other motions to intervene filed by other groups, including grazing, mining, and other recreational interests.
The Court conducted a three-hour hearing on the agreements on February 14, 2001, and considered objections to the agreements from the groups denied intervenor status, as well as other interested parties granted "friend of the court" status. Following the hearing, the parties presented several modifications to the agreements.
The Court's final order, issued on March 20, 2001, overruled the objections and approved the revised agreements. The Court's Order stressed the agreements "in no way suspend or supercede any requirement for public notice or opportunity for public comment to which the BLM is subject. The Court makes no finding that any "emergency" does (or does not) exist."
The final agreements culminate ongoing negotiations which began in September of 2000.
Paul Turcke, the Boise, Idaho, lawyer who signed the agreements on behalf of the recreational intervenors, explained, "endangered species issues often require creative solutions. Our organizations believe that humans and species can co-exist. The BLM made the decision to settle this case, and we are glad to have recognized this reality soon enough to influence the final agreements. All involved will be applying a "sweet lemon" rationalization to this result, but the agreements largely commit BLM to management processes but not specific results. We will diligently participate in these processes to ensure they strike an appropriate balance."
The Blue Ribbon Coalition is a national non-profit recreation group that champions responsible multiple-use access to public lands. It represents over 1000 businesses and organizations with 600,000 members.
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