ATV win in Court

[Nemont]

I am disappointed in some of you guys here. This was actually old news from way back last week. Kind of an interesting decision.

Tuesday, June 15, 2004 - 12:00 AM |

Environmental groups lose case over ATVs

Debbie Hummel THE ASSOCIATED PRESS


SALT LAKE CITY -- The Supreme Court on Monday blocked a lawsuit that accused the federal government of doing too little to protect undeveloped Western land from off-road vehicles.

The court, on a 9-0 vote, said environmental groups cannot use courts to force the federal Bureau of Land Management to more aggressively safeguard about 2 million acres of potential wilderness in Utah.

Interior Department spokesman Tina Kreisher said the department was "pleased that the court has upheld the principle that the federal resource managers may use their expertise to make day-to-day management decisions without unnecessary litigation."

Environmentalists acknowledged defeat but said the lawsuit nonetheless heaped attention
on the damage done by off-road
vehicles.

"It is not going away and neither are we," said Heidi McIntosh, a staff attorney for Southern Utah Wilderness Alliance.

SUWA sued the BLM to force land managers to be more aggressive in protecting wilderness study areas adjacent to a state all-terrain vehicle park.

The case centered on 14,830 acres of forested high desert land, the Moquith Mountain wilderness study area, which abuts Coral
Pink Sand Dunes State Park. The park, located about 250 miles
south of Salt Lake City near the
Utah-Arizona border, is a popular destination for off-road vehicle users.

A federal judge threw out SUWA's case, but the group prevailed at the 10th U.S. Circuit Court of Appeals in Denver, which ruled BLM could be sued for allowing damage to the land.

The Justice Department appealed that decision to the Supreme Court.

Justice Antonin Scalia, writing for the court, said Congress never envisioned "pervasive oversight by federal courts over the manner and pace of agency compliance."

Congress has the final say on wilderness protection, but land managers are supposed to preserve study areas should Congress decide they should be formally protected.

"Even though ultimately we did not prevail in the Supreme Court, there have been a lot of changes as a result of this litigation -- positive changes," McIntosh said. "It's put off-road vehicle use on the map for the first time in Utah."

As one such success, McIntosh points to a travel plan for ATV use that was established near Price in central Utah.

Scalia said the land management agency has discretion to oversee lands being considered for wilderness designation, including allowing off-road vehicles there.

He noted, however, that the off-road vehicles have had negative consequences, "including soil disruption and compaction, harassment of animals and annoyance of wilderness lovers."

But he wrote that the agency is doing what it can with "scarce resources and congressional silence with respect to wilderness designation."

McIntosh said the BLM spends too much of its time and resources on approving oil and gas leases on federal lands in Utah, giving short shrift to the off-road vehicle problem.

The case is Norton v. Southern Utah Wilderness Alliance, 03-101.

Nemont

 

[Tom]

There's no ATVs allowed where I hunt in Texas this year, easy to fix ATV or any vehicle use problems here usually. I don't want to go back to the place I hunted twice in Idaho because of ATV abuse. People road where they were not supposed to, I hope they can stop them from doing that.

 

[Washington Hunter]

I would have to agree with the environmental groups on the fact that not enough is being done to enforce laws which restrict off road vehicles from certain areas. Why even have any laws or regulations if they're not going to be enforced? Of course they will say they don't have the money to pay for the additional employees needed for law enforcement, but if they would fine every idiot caught on an ATV in a wilderness area (or WSA) 2 to 3 thousand dollars, that would go a long way in paying for it. And when word got around about the substantial fines, people would be more likely to park the ATV and go for a hike rather than risk the fine. It's such a simple solution that I dont understand why they aren't doing it.

 

[Muledeer4me]

Washington hunter,I couldn't agree with you more on that statemnt.

"but if they would fine every idiot caught on an ATV in a wilderness area (or WSA) 2 to 3 thousand dollars, that would go a long way in paying for it. And when word got around about the substantial fines, people would be more likely to park the ATV and go for a hike rather than risk the fine. It's such a simple solution that I dont understand why they aren't doing it."


Not only in wilderness area's but any place you know abuse is taking place.
Why is it that most of us know where that is ,but the law inforcment can't seem to be there to nail these moron's.
Let the fines pay for more inforcment.

 

[BuzzH]

MD4ME said, "Why is it that most of us know where that is ,but the law inforcment can't seem to be there to nail these moron's."


Do you suppose that one LEO covering many thousands of miles and many thousands of ATVers has anything to do with it????

 

[Washington Hunter]

They would only have to nail a few if the fine was a few thousand dollars. Word would get around and not many people would be wanting to risk that amount of money.

 

[Ithaca 37]

When we tried to pass a law allowing the Idaho F&G Dept. to confiscate any ATV used in a poaching incident the ones who opposed it were the Idaho Cattlemen's Association, the Farm Bureau, and some ATV clubs.

 

[cjcj]

Doesn`t make any sense that "Anyone" would be against a hard-line anti-poaching stance!

 

[Ten Bears]

Interesting how those who "sponsored" this case before it went to the supreme court failed to show the final results.

Right track WH, right track.

 

[JoseCuervo]

Uhhh.. Ten Beers,

Maybe you can get one of the other kids at Summer School to help you find the press releases from the enviro group. They announced it....

You might have to get access to the Internet to find it, but it is there....

 

[Ten Bears]

EG, I was referring to those who "sponsored" the topic here at SI.