| February 22, 2006
San Francisco, CA- A coalition of groups committed to preservation of
recreational access has sought to intervene in the latest round of lawsuits
addressing management of Forest Service "Roadless" areas.
The motion was recently filed in federal court in the Northern District
of California by the California Association of 4 Wheel Drive Clubs,
United Four Wheel Drive Associations, the American Council of Snowmobile
Associations, and the BlueRibbon Coalition. The lawsuits at issue were
brought by the states of California, Oregon and New Mexico and numerous
environmental organizations led by the Wilderness Society.
"These organizations have been actively involved in all aspects
of Forest Service recreation management," stated Paul Turcke, the
Boise, Idaho, attorney serving as lead counsel for the Recreational
Groups. "Contrary to their title, many of these 'roadless' lands
have well-established routes which the public has long used to gain
access to treasured destinations on our public lands. The Recreational
Groups seek to join these suits to continue their defense of this legitimate
recreational access," Turcke concluded.
At President Clinton's direction, the Forest Service enacted a "Roadless
Rule" which was finalized in 2001 immediately before the inauguration
of President Bush. Numerous states and private parties challenged that
rule in court, including several of the Recreational Groups. An injunction
against the 2001 Roadless Rule was issued in federal court for the District
of Idaho, but that injunction was eventually reversed in 2002 by the
Ninth Circuit Court of Appeals. A federal court in Wyoming then found
the 2001 Roadless Rule illegal and permanently enjoined implementation
of the rule. During review of that decision by the Tenth Circuit Court
of Appeals, the Forest Service issued a new "Roadless Rule"
in May 2005 which allows governors in affected states to submit petitions
to the Forest Service outlining their desired management for the Forest
Service "roadless" areas in their state. The current cases
in the Northern District of California seek to have the 2005 Bush Administration
Roadless Rule declared invalid and to reinstate the 2001 Clinton Administration
Roadless Rule.
The appeals in both the Ninth and Tenth Circuit courts were brought
by private environmental organizations, some of whom are now plaintiffs
in one of the current Northern California lawsuits. Both appeals were
argued after President Bush took office, and the Forest Service did
not attempt to defend the 2001 Roadless Rule in either appeal.
The Recreational Groups filings contend they rightfully belong in this
latest round of the long-running debate over "roadless" area
management, just as the supporters of the 2001 Roadless Rule were allowed
to intervene in the challenges to that rule. The Recreational Groups
have requested that argument be held on their motion on March 28, 2006.
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