Supreme Court to hear OHV access case

[cdaxena]

From: "Clark L. Collins" <[e-mail]>
Sent: Tuesday, November 04, 2003 3:56 PM
Subject: Supreme Court to hear OHV access case


BLUERIBBON COALITION NEWS RELEASE
4555 Burley Drive, suite A
Pocatello, ID 83202

Contact: Bill Dart, Public Lands Director [phone] xt. 102

FOR IMMEDIATE RELEASE

SUPREME COURT TO HEAR OHV ACCESS CASE

November 4, 2003 (POCATELLO, IDAHO) -- On Monday, November 3 2003, the
Supreme Court granted a petition for certiorari in Norton v. Southern Utah
Wilderness Alliance, which will allow the Court to undertake fundamental
review of a 10th Circuit Court ruling regarding off-highway vehicle ("OHV")
use in Utah.

The matter involves a lawsuit originally filed in 1999 by the Southern Utah
Wilderness Alliance (SUWA). The suit claimed the BLM had not properly
managed OHV use on BLM lands in Utah. In particular, SUWA claimed BLM was
not doing enough to prevent "impairment" of Wilderness Study Areas, despite
numerous BLM orders restricting or eliminating OHV use in such areas.

OHV access interests successfully moved to intervene in the case, including
Utah's largest public lands access organization, the Utah Shared Access
Alliance, and the BlueRibbon Coalition, a national pro-access advocacy group
with more than 1,100 business and organizational members representing more
than 600,000 individuals. Represented by lawyers with the BlueRibbon Legal
Action Program, the OHV groups moved to dismiss many of SUWA's claims in the
district court, arguing that SUWA was improperly attempting to expand
judicial review over ongoing agency management through a creative
application of Section 706(1) of the Administrative Procedure Act's "failure
to act" cause of action While BLM did not join in this motion, the
district court granted the OHV's groups motion to dismiss in December, 2000,
leading to SUWA's appeal to the 10th Circuit.

The 10th Circuit reversed, finding that SUWA was entitled to rely on its
"failure to act" theory in challenging what SUWA believed was only "partial"
compliance with BLM's statutory duties. On May 19, 2003, the OHV groups
filed a petition for writ of certiorari with the U.S. Supreme Court, seeking
review of the 10th Circuit ruling. On July 18, 2003, the United States
filed a similar petition. In Monday's ruling, the High Court granted the
Government's petition. The Court has not separately ruled on the OHV groups
petition or clarified the role the OHV groups might play in further
proceedings before the Supreme Court.

Unless overturned by the Supreme Court, the 10th Circuit ruling could
radically affect public land management. The BLM is already spending over
40% of its budget in litigation. Land managers are having a difficult time
implementing any pro-active management because of expanding litigation
efforts by special interests on all sides of any issue. Under the prior
jurisdictional paradigm one need at least wait for final agency action to
sue BLM's management balance; under the 10th Circuit decision any interested
party could sue at any time claiming BLM's efforts, no matter how extensive,
were merely "partial" fulfillment of the plaintiffs' favorite legal duty.

Representatives of the OHV organizations are pleased by the Court's decision
granting certiorari. Brian Hawthorne of the Utah Shared Access Alliance
stated, "the issue is not whether BLM must manage OHV use in wilderness
study areas. It must and it does. The issue is whether wealthy anti-access
groups can commandeer day-to-day management of BLM programs through nonstop
litigation. The Tenth Circuit ruling would open the floodgates for
litigation that might paralyze prudent management." Similarly, Bill Dart,
Public Lands Director of BlueRibbon explained, "by granting certiorari, the
Supreme Court has recognized the seriousness of the issue raised by the OHV
groups' and the Government's petitions. If nothing else, a ruling from the
Court will clarify the proper nature of judicial review so that all
interested parties can adapt accordingly."


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Additional information on this release and/or other BlueRibbon media
releases are available on our website at
www.sharetrails.org/MediaReleases/index.cfm

The BlueRibbon Coalition is a national non-profit organization dedicated to
promoting responsible recreation, equal opportunity and recreation access to
all. The BlueRibbon Coalition works to "Preserve our natural resources FOR
the public instead of FROM the public," and to promote cooperation among the
various user-groups.



Clark L. Collins, Executive Director
BlueRibbon Coalition
4555 Burley Drive, Suite A
Pocatello, ID 83202
ph.[phone] ext. 101
fax [phone]
www.sharetrails.org