Court Invalidates Eldorado Vehicle
Management Plan
SACRAMENTO, CA (February
18, 2005) -- In an order dated February 15, 2005, Senior U.S. District Judge
Lawrence K. Karlton agreed with both vehicle access advocates and
opponents that the U.S. Forest Service has not been properly managing
off-highway vehicle ("OHV") use on the Eldorado National Forest. The
order came in a case originally brought by anti-access organizations,
and later joined by vehicle access advocates such as the California
Enduro Riders Association, the California Association of 4 Wheel Drive
Clubs, the California Off-Road Vehicle Association, and the BlueRibbon
Coalition. Judge Karlton's order found that the Forest Service failed
to fully comply with the National Environmental Policy Act when it
issued its 1990 travel management plan, and further found legal
violations associated with the 1999 Rock Creek Trail Plan.
"We are still attempting
to fully digest the Court's ruling, but it would appear the decision
provides opportunity for celebration and concern for all involved,"
stated Paul Turcke, the lead attorney representing the OHV advocates in
the case. "No party has ever been satisfied with either the 1990 or the
1999 plan, and we are glad to see the Court appears willing to take the
Forest Service to task for its sins of omission," opined Don Amador,
Western Representative for the BlueRibbon Coalition. "We are not sure
where we all go from here, but we remain committed to working with the
Forest Service, the Plaintiffs, and interested members of the public in
forging a new plan that will preserve the environment while allowing
reasonable human access to the Forest," concluded Don Klusman, Natural
Resource Consultant for the California Association of 4 Wheel Drive
Clubs.
The decision does not
establish a remedy for the Forest's legal violations, but requires the
parties to submit further information and sets a hearing regarding
possible remedies for April 11, 2005. While the decision did find legal
violations underlying the 1990 and 1999 plans, the Court also rejected
many of the arguments offered by both the vehicle access opponents and
advocates. The case is entitled Center for Sierra Nevada Conservation
v. Berry, Case No. CV-03-325.
