Tellico lawsuit to be dismissed

[dptyrob]

http://www.citizen-times.com/apps/pbcs.dll/article?AID=2008811110333

4-wheel drivers dismiss Tellico lawsuit

Nanci Bompey • NBompey@CITIZEN-TIMES.com • published November 11, 2008 12:15 am


MURPHY – Four-wheel drive advocates and environmental groups have agreed on one thing: they will give the U.S. Forest Service a chance to come up with a long-term plan for a popular four-wheel driving area.
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Both groups have sparred over management of the 39.5-mile Upper Tellico Off-Highway Vehicle Area in the Nantahala National Forest for more than a year. They have signed off on a motion to dismiss a lawsuit against the Forest Service over temporary closure of the off-road area and say they are waiting to see the agency's management plan due out at the end of the year.

The BlueRibbon Coaltion, the United Four Wheel Drive Associations and the Southern Four Wheel Drive Association filed the lawsuit after the agency temporarily closed some of the Upper Tellico area's trails in May to reduce muddy runoff in creeks and streams.

“We felt we had achieved the primary goal and that is to ensure that this wasn't going to be an ongoing emergency closure,” said Greg Mumm, executive director of the BlueRibbon Coalition. “Our focus would rather be on specific planning, legitimate planning, on how to manage OHV recreation.”

The dismissal of the lawsuit is also good news for environmental groups, which joined in the lawsuit brought on by the four-wheel drive groups on the side of the forest service.

The groups, represented by the Southern Environmental Law Center, prompted the agency to look at the Upper Tellico initially after they threatened the forest service with a lawsuit in July 2007, alleging the agency violated laws by failing to prevent mud from eroded trails from polluting streams.

“Our position has been, give the forest service a chance to come up with a long term solution we can all agree on,” said DJ Gurken, a senior attorney for the Southern Environmental Law Center. “The forest service is working on something more comprehensive and we should all see what that is.”

The forest service is now performing an in-depth environmental analysis that will guide management of the area.

The proposed environmental assessment is due out by the end of the year along with the agency's preferred management plan.

[Whitfield]

 

[LilRed]

As I understand it, the Forest Service will issue a new environmental assessment with 6 proposals.  Public comments on the proposals will be accepted at the Ashville office then a decision will be made as to which of the 6 proposals is enacted.  So it is crucial that we offroaders send in our comments during that time.  This is our chance to have some say.  Please do not rely on the media & newspaper articles alone.  Log into Pirate4x4 and their land use section for the latest developments.

[dptyrob]

Yeah, I don't see the dismissal as being a sign of victory.  It could be interpreted as a sign of defeat actually.  Most of the time when you have an ongoing civil suit you just continue it to see what kind of progress you make with arbitration/mediation/etc before just dismissing it. 

[LilRed]

Yeah, I don't see the dismissal as being a sign of victory.  It could be interpreted as a sign of defeat actually.  Most of the time when you have an ongoing civil suit you just continue it to see what kind of progress you make with arbitration/mediation/etc before just dismissing it. 

I was surprised too.  Thanks for bringing this thread to life.  I've neglected to keep focused on it myself.  I am anxious though to see what new proposals they come up with.