TELLICO LAWSUIT
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Topic: TELLICO LAWSUIT
Posted By: 50Willys
Subject: TELLICO LAWSUIT
Date Posted: 21 September 2012 at 5:18pm
Legal Efforts To Save Tellico Fall ShortSOUTHERN FOUR WHEEL DRIVE ASSOCIATION
UNITED FOUR WHEEL DRIVE ASSOCIATIONS
BLUERIBBON COALITION, INC.
MEDIA RELEASE
FOR IMMEDIATE RELEASE
Contacts:
Paul Turcke 208-331-1807
Greg Mumm 208-244-2112
Roger Theurer 931-841-0672
David Borum 865-310-3270
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.
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Bob S.
'96 Cherokee, 4.0L w/Auto Trans & locked D44s
'99 Dodge 2500 CTD Tow Rig
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Replies:
Posted By: Case
Date Posted: 24 September 2012 at 1:39am
so the lawsuit failed, whats next?
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06 Jeep Wrangler Rubicon Unlimited all torn apart.
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