No public lands advocacy effort can affect access on the ground without a continual and effective presence in the court. Citizens who use and enjoy motorized vehicles are aggressively targeted by numerous and heavily-funded anti-access special interests. Access-friendly decisions must be defended and improper decisions must be challenged.
- Historically, pro-access interests have faced several challenges in the legal arena:
- Without a presence in the courts, closing areas to motorized recreationists becomes the “path of least resistance” for land managers
- There are few attorneys that are experienced in the specialized blend of administrative law unique to recreational access
- In the past, motorized recreationists have used financial resources inefficiently and without coordination, resulting in a patchwork “defense” easily pierced by opponents creating bad precedent against which all suffer
For these reasons and more, BRC established and is committed to furthering the BlueRibbon Legal Program. For over a decade the BlueRibbon Legal Program has offered solutions to the above challenges, cultivating a relationship with Moore Smith Buxton & Turcke of Boise, Idaho, to develop counsel with cutting-edge knowledge of unique “access law” while controlling costs…
Since successful legal challenge often begins with early and substantive participation in the planning process, our legal team works very closely with our public lands staff to assist BRC members in formal comments on their local administrative planning process. In addition and where appropriate, the Program includes a retainer component, allowing members to obtain an initial review of their case without charge, along with the capability to quickly enter administrative appeals and litigation for below-market hourly fees that are borne by participants in the applicable matter. The BlueRibbon Legal Program has stood the test of time in merging quality and value unparalleled in the access advocacy arena.
Our most visible focus is countering the endless stream of litigation by the anti-access crowd and, when opportunities develop, going on offense with our own actions. Since 1996, the BlueRibbon legal team has taken the lead in dozens of lawsuits throughout the country defending reasonable recreational access. BlueRibbon’s lawyers have appeared in more than a dozen federal district courts, four circuit courts of appeals and the U.S. Supreme Court. A few examples are listed below:
- Decade’s long involvement in Wilderness Study Area suits defending threats and restoring riding opportunities
- Convinced 9th Circuit to reverse 20 year old rule that prevented nonfederal interests from responding to enviro lawsuits
- Stopped road ripping and diverted closure energies to productive stakeholder solutions in Six Rivers Forest (CA)
- Filed suit in response to “manage through total closure” agency mentality at Tellico (NC)
- Lead litigant in “Roadless” area cases since 1999, including Idaho case that temporarily enjoined Clinton Roadless Rule
- Long standing presence in varied roles fighting for Eldorado Forest (CA) access, including attorney fee recovery
- Key role alongside partners in defending Yellowstone snowmobile access starting in 1997
- Filed lawsuit leading to the re-opening of Lake Powell to personal watercraft (UT & AZ)
- Evolving defense of Clear Creek (CA) riding against ESA and asbestos motivated closures
- Blocked anti-access settlement during key political transition from Clinton to Bush administrations (IL)
- First (and continuing) intervenor in critical litigation defending and re-establishing riding at Glamis (CA)
- Successfully appealed a “total closure” option of the Angelina National Forest in Texas and thwarted an identical effort on the Holly Springs National Forest in Mississippi
- Continual presence in Forest Service travel planning and appeals, recently including Black Hills (SD), Coconino (AZ), and Clearwater (ID) Forests
These results come at costs to be envied by any business, organization, or individual forced to navigate the minefield of litigation. Each year, the Program provides thousands of hours of attorney time–advancing recreation access throughout the administrative agencies and in federal court lawsuits throughout the country.
OCTOBER 12, 2018
CALIFORNIA – 5 FOREST OVER SNOW VEHICLES – Comments for the STANISLAUS OSV DEIS where submitted on October 9.
CALIFORNIA/NEVADA – BI STATE GROUSE – a final complaint is being circulated and readied for filing.
MONTANA – BITTERROOT NF – the USFS/DOJ filed a notice of appeal on October 5, taking the Bitterroot Travel Plan case to the Ninth Circuit. The renewed objection period on bikes in WSAs was extended to November 19, and has been opened to all parties, not just those who previously submitted comments.
OREGON – OCHOCO NATIONAL FOREST – continue review of objections to Magistrate Findings & Recommendations. Responses are due October 15.
USFS SUSTAINABLE TRAILS STRATEGY – participated in webinars on October 10 and 11 rolling out the USFS 10-Year Trail Challenge and National Trail Strategy, see https://www.fs.fed.us/managing-land/trails . ST/BRC has played a role in this effort, including attendance by Paul Turcke at a November, 2015 collaborative workshop in D.C. with agency leadership, field staff and an array of NGO partners.