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Utah leads the way with historic win |
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Written by USA-ALL
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Saturday, 04 September 2010 10:29 |
From CA4WDC Natural Resource Consultant Amy Granat: This is a historic win for all concerned – counties and outdoor recreation enthusiasts alike. Since Bruce Babbitt ordered the Department of the Interior to disregard all requests for RS 2477 road applications, the Bureau of Land Management has ignored all the county requests for recognition. This ruling validates the original interpretation of the statute, and strikes a win for County rights throughout the Western United States. Kane County Wins!
Recently the Utah Shared Access Alliance (USA-ALL) received calls from Kane County [Utah] Commissioner Mark Habbeshaw to share the good news with us. The U.S. Attorney filed a response in federal court to the county's motion for summary judgment. The federal government agreed that Kane County should be granted clear title to almost all of the Skutumpah road in Kane County! This is, as far as we can tell, THE FIRST right of way acknowledged by the federal government on Department of Interior (DOI) managed land. It shows that when done properly rights of way can be adjudicated in a court of law. Kane County has also given other counties a template that may be followed to further pursue and hopefully resolve the argument over road ownership in counties all over the western U.S.
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Trail battle goes on in Tellico |
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Written by Greg Mumm
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Tuesday, 31 August 2010 16:49 |
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These days, we are often asked one or both of the following questions, 1) "What is going on with the Tellico [Colorado] lawsuit?" and 2) Why bother with the fight there when the trails are being obliterated before the courts can decide anything?" For those who aren't familiar with the issues surrounding Tellico, it's appropriate to start with a brief history. Mind you, there is more to it than what we share here—much more—but that is an emotionally charged discussion for another time. For all intent and purpose, the Forest Service, under outside pressure of a threatened lawsuit, began the process of closing the trail system in Tellico in late 2007. It began with an emergency closure order. Following that, and arguably as a result of pressure from a legal action of our own, the Forest Service conducted formal planning that predictably resulted in a decision to permanently close the system and "rehabilitate" most of the trails.
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