Lawsuit challenges off-road vehicle ban
11 groups charge that agency's move didn't allow for public review.
By Jerry Bier
The Fresno Bee
(Published Saturday, July, 13, 2002, 8:55 AM)
Off-road vehicle supporters filed suit Friday in federal court in Fresno challenging the Bureau of Land Management's decision to ban the vehicles from more than a million acres of California desert.Eleven organizations joined the complaint charging that the closures violated federal laws by not allowing public review and comment before the bureau's decision was made.San Diego lawyer David P. Hubbard, who filed the lawsuit, said in an interview that the organizations had exhausted administrative appeals before filing the complaint for an injunction.The land in question covers much of the Mojave's desert region and includes federal, state and private acreage.It was supposed to be a temporary closing while the BLM developed new plans for the area, Hubbard said, but it is not known when the final plans will be finished."And it appears most of the plans are going to keep the areas closed to off-road vehicles anyway," Hubbard added.John Dearing, a spokesman for the BLM in Sacramento, said the agency had not seen the lawsuit and declined comment "until we get a chance to review it."The BLM decision grew out of another lawsuit in federal court in San Francisco in which the Center for Biological Diversity, Sierra Club and Public Employees for Environmental Responsibility contended the BLM had violated the Endangered Species Act and failed to protect animal species in the desert areas.That decision, which involved protection of the Desert Tortoise, also effectively closed the million acres of desert to off-road or off-highway recreation, the complaint filed Friday charges.The lawsuit seeks a judgment or injunction barring the BLM closures without first conducting an environmental review and involving public participation.The plaintiffs include the American Motorcycle Association District 37 Sports Committee; the Americans for Forest Access; Backcountry Horsemen of California Inc.; Blue Ribbon Coalition (identified as an Idaho nonprofit corporation); California Off-Road Vehicle Association; California State Horsemen's Association; Coalition of Off-Road Desert Racers; High Desert Multiple Use Coalition; Los Pretot's Desert Club; Off-Road Business Association; and San Diego Off-Road Coalition.In addition to the BLM, the complaint names the Department of the Interior and Secretary of the Interior Gale Norton as defendants.The reporter can be reached at
jbier@fresnobee.com or (559) 441-6484.