Post by Deleted on Sept 26, 2012 9:41:11 GMT -5
Looks like that was the final stand, no more appeals process is available. Not that anyone should be surprised.
I think a lesson to be learned from this from a money standpoint is to not try to fight for a reopening because it will never happen. Focus the finances on keeping what is open, to remain open. That's an easier fight and more winable.
LEGAL EFFORTS TO SAVE TELLICO FALL SHORT
ASHEVILLE, NC (September 21, 2012) -- The United States effectively walked away from its substantial investment in a sizable portion of the Nantahala National Forest as a result of a recent ruling in the U.S. Western District of North Carolina rejecting four-wheel drive enthusiast efforts to re-open some portion of the Upper Tellico OHV System. The ruling, issued on September 19, came in a lawsuit filed by Southern Four Wheel Drive Association, United Four Wheel Drive Associations, and BlueRibbon Coalition. The suit contended the U.S. Forest Service overlooked required procedures and otherwise acted illegally in closing the 39 miles of trail in the System to motorized access.
The Court ruled against the enthusiast organizations, the Court ultimately concluded "he decision of the Forest Service was not arbitrary, capricious, or an abuse of discretion, and it was in accordance with the law. Having conducted 'a searching and careful, but ultimately narrow and highly deferential inquiry,' the Court concludes that the Forest Service followed the proper procedures and that there is a rational basis for its decision." The System represented the remnants of a network of former logging roads and skid trails purchased by the United States in 1980 and officially opened as a "high challenge" area in 1986.
"We are obviously disappointed by this result, but knew that we faced long odds in this case" said Roger Theurer, Past President of Southern Four Wheel Drive Association. "We realize the agency has broad discretion, but are incredibly frustrated that they exercised that discretion to walk away from rather than find an effective management solution for the System. It should concern more than just four-wheelers when the federal agency would rather run for cover in the courts than craft a solution on the ground," Theurer observed.
The System was located in a remote and difficult to access portion of the Forest which historically received little attention other than from the four-wheel drive community, who came to attach iconic significance to the Tellico System. As part of the closure decision, a Forest Service contractor has obliterated the former trails and left a maze of boulders and fallen trees in their place, making the former routes inaccessible to all but the most determined hiker.
"We released an update to our enthusiasts during this case called 'Tellico - Alamo' which today seems sadly prescient" stated Greg Mumm, BlueRibbon Executive Director. "Within and beyond our land managing agencies exist strong opponents to meaningful human access and recreation, and we would be wise to learn from Tellico and heed their next project," Mumm concluded.
I think a lesson to be learned from this from a money standpoint is to not try to fight for a reopening because it will never happen. Focus the finances on keeping what is open, to remain open. That's an easier fight and more winable.
LEGAL EFFORTS TO SAVE TELLICO FALL SHORT
ASHEVILLE, NC (September 21, 2012) -- The United States effectively walked away from its substantial investment in a sizable portion of the Nantahala National Forest as a result of a recent ruling in the U.S. Western District of North Carolina rejecting four-wheel drive enthusiast efforts to re-open some portion of the Upper Tellico OHV System. The ruling, issued on September 19, came in a lawsuit filed by Southern Four Wheel Drive Association, United Four Wheel Drive Associations, and BlueRibbon Coalition. The suit contended the U.S. Forest Service overlooked required procedures and otherwise acted illegally in closing the 39 miles of trail in the System to motorized access.
The Court ruled against the enthusiast organizations, the Court ultimately concluded "he decision of the Forest Service was not arbitrary, capricious, or an abuse of discretion, and it was in accordance with the law. Having conducted 'a searching and careful, but ultimately narrow and highly deferential inquiry,' the Court concludes that the Forest Service followed the proper procedures and that there is a rational basis for its decision." The System represented the remnants of a network of former logging roads and skid trails purchased by the United States in 1980 and officially opened as a "high challenge" area in 1986.
"We are obviously disappointed by this result, but knew that we faced long odds in this case" said Roger Theurer, Past President of Southern Four Wheel Drive Association. "We realize the agency has broad discretion, but are incredibly frustrated that they exercised that discretion to walk away from rather than find an effective management solution for the System. It should concern more than just four-wheelers when the federal agency would rather run for cover in the courts than craft a solution on the ground," Theurer observed.
The System was located in a remote and difficult to access portion of the Forest which historically received little attention other than from the four-wheel drive community, who came to attach iconic significance to the Tellico System. As part of the closure decision, a Forest Service contractor has obliterated the former trails and left a maze of boulders and fallen trees in their place, making the former routes inaccessible to all but the most determined hiker.
"We released an update to our enthusiasts during this case called 'Tellico - Alamo' which today seems sadly prescient" stated Greg Mumm, BlueRibbon Executive Director. "Within and beyond our land managing agencies exist strong opponents to meaningful human access and recreation, and we would be wise to learn from Tellico and heed their next project," Mumm concluded.