OutdoorWire News

OutdoorWire

OutdoorWire

Portal page for OutdoorWire Access and Landuse Central Read More
4x4Voice

4x4Voice

California OHV recreation news and information Read More
MUIRNet News

MUIRNet News

News and information about outdoor recreation Read More
4x4Wire

4x4Wire

Off road recreation and news and information Read More
TrailTalk 
Forums

TrailTalk Forums

4x4Wire TrailTalk Forums for 4x4 tech information Read More
  • 1

Recreation Advocate

The OutdoorWire family websites feature news and information affecting outdoor recreation opportunities and access to public lands. 

OHV Fight for Truckhaven Wins in Court

OFF HIGHWAY VEHICLE GROUP WINS HISTORIC CALIFORNIA ENVIRONMENTAL QUALITY ACT  LAWSUIT AGAINST STATE PARKS: TRUCKHAVEN TRAILS STAY OPEN

After nearly 18 months of hard-fought litigation, EcoLogic Partners, Inc. ("EcoLogic") has prevailed in its California Environmental Quality Act (CEQA) lawsuit against the California Department of Parks and Recreation ("State Parks") over the closure of recreational vehicle routes in Truckhaven (also known as the "Freeman Property").  On October 16, 2012, Judge Jeffrey Jones of the Imperial County Superior Court issued his final Judgment in the action, finding that State Parks violated CEQA when it approved a "boundary signage and fencing" project without first analyzing whether and to what extent the project would have adverse impacts on natural and recreational resources.  As a result of the Court's ruling, State Parks' decision to approve the boundary signage and fencing project has been set aside.

State Parks first approved the project on February 8, 2011, claiming that it was "categorically exempt" from CEQA because it only involved the installation of signs and fences.  EcoLogic brought suit alleging that the project had the obvious, if not intended, effect of closing pre-existing recreational vehicle routes - a discretionary action for which no CEQA exemption exists.  Both parties submitted extensive briefing to the Court, which held two hearings on the merits of the case.  Ultimately, the Court ruled in EcoLogic's favor:

"As is acknowledged by respondent [State Parks], a major component of the project is the closure, or opening, of roads to vehicular travel . . . .  It is beyond argument that the determination of where roads are is a determination likely to have a significant effect on the environment.

"Respondent's implicit determination that designation of traversable roads and trails is categorically exempt from CEQA review is unsupported by any evidence in the record.

"For the foregoing reasons, the petition is GRANTED."

Later this week, the Court is expected to execute the Writ of Mandate setting aside State Parks' decision to approve the boundary signage and fencing project.  The practical effect of the Writ is to reopen those trails which were either closed or slated for closure as part of State Parks' decision from February 2011.  As the prevailing party in the litigation, EcoLogic will now seek an order from the Court directing State Parks to pay EcoLogic's attorneys fees and costs.  For additional information, please contact attorney David Hubbard at (760) 431-9501 or This email address is being protected from spambots. You need JavaScript enabled to view it..

Ecologic Partners is; Off Road Business Association (ORBA), American Sand Association (ASA), and American Motorcyclists Association (AMA) District 37 Off Road. (Additional funding for the lawsuit was provided by; San Diego Off Road Coalition, Tierra Del Sol 4 Wheel Drive Club, and the California Association of 4 Wheel Drive Clubs.) The lawsuit is the first time in California an OHV group has successfully challenged a state trail or route closure.

Arizona Game and Fish files to intervene in lead a...
Be the first to register for Molina
 

Comments

No comments made yet. Be the first to submit a comment
Already Registered? Login Here
Guest
Tuesday, 06 December 2016
If you'd like to register, please fill in the username, password and name fields.

Captcha Image

OutdoorWire Websites

OutdoorWire

OutdoorWire

Portal page for OutdoorWire Access and Landuse Central Read More
4x4Voice

4x4Voice

California OHV recreation news and information Read More
MUIRNet News

MUIRNet News

News and information about outdoor recreation Read More
4x4Wire

4x4Wire

Off road recreation and news and information Read More
TrailTalk 
Forums

TrailTalk Forums

4x4Wire TrailTalk Forums for 4x4 tech information Read More
  • 1

4x4Wire Tech Section

Jeep 4x4 Tech

Jeep 4x4 Tech

Jeep Tech from JeepWire Read More
Toyota 4x4 Tech

Toyota 4x4 Tech

Toyota Tech from 4x4Wire Read More
Mitsubishi 4x4 Tech

Mitsubishi 4x4 Tech

Mitsubishi Tech from 4x4Wire Read More
Isuzu 4x4 Tech

Isuzu 4x4 Tech

Isuzu Tech from 4x4Wire Read More
  • 1