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dakotakid
Guest
Ran across this in todays local rag. Figured the Utah constituents would have weighed in on this rather loudly by now.
High court blocks ATV lawsuit
By DEBBIE HUMMEL
Associated Press writer Wednesday, June 16, 2004
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 that 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 protection of wilderness suitability at 95 wilderness study areas encompassing more the 3.2 million acres is a top priority at our agency," said Don Banks, a spokesman with the BLM's Salt Lake City office.
Unsightly tracks left by the vehicles are just the beginning of the problem, conservationists say. The tires rip up pine saplings and other vegetation, including the threatened milk-vetch plant, and cause erosion that affects water quality. The diminished water quality affects other wildlife, McIntosh said.
Mike
High court blocks ATV lawsuit
By DEBBIE HUMMEL
Associated Press writer Wednesday, June 16, 2004
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 that 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 protection of wilderness suitability at 95 wilderness study areas encompassing more the 3.2 million acres is a top priority at our agency," said Don Banks, a spokesman with the BLM's Salt Lake City office.
Unsightly tracks left by the vehicles are just the beginning of the problem, conservationists say. The tires rip up pine saplings and other vegetation, including the threatened milk-vetch plant, and cause erosion that affects water quality. The diminished water quality affects other wildlife, McIntosh said.
Mike
