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Thread: Death Valley, FYI

  1. #1

    Death Valley, FYI

    Posted on Fri, Jan. 19, 2007

    Groups try to join lawsuit over roads in Death Valley

    By Garance Burke
    ASSOCIATED PRESS
    FRESNO - Six environmental groups filed legal papers Thursday to join Death Valley National Park in fighting a federal court lawsuit that, if successful, could open miles of desert canyons and valleys to motorized vehicles.

    Last October, Inyo County sued the federal government seeking to re-establish its access to four dirt roads near the Nevada border that park officials seized when the national park was established in 1994.

    The environmentalists say the old mining roads were washed away years ago, and allowing vehicles into those areas now could endanger sensitive animal and plant species found in remote stretches of the desert.

    "All of these are places where you can really enjoy the fantastic scenery and the stillness of the largest national park in the lower forty-eight (states)," said Ted Zukoski, an Earthjustice attorney representing the groups.

    If Judge Anthony Ishii grants the motion to intervene, the Sierra Club, Friends of the Inyo, California Wilderness Coalition, Center for Biological Diversity, The Wilderness Society and the National Parks Conservation Association would become parties to the suit.

    If the county prevails, the groups believe the park's fragile ecosystem could suffer, to the detriment of the federally protected desert tortoise, desert bighorn sheep, mountain lions and other rare wildlife that roam there.

    "Even the designation of a national park is not enough to keep people who want to use motorized vehicles out of these areas to protect the resources," said Lisa Belenky, a staff attorney with the Center for Biological Diversity.

    The environmentalists see the disputed area as desert canyons and valleys, which the Bureau of Land Management found to be "roadless" years ago.

    But the county views the same area as approximately 20 miles of established roadways that can be widened to two lanes to accommodate increased traffic as needed, according to a suit filed on Oct. 24.

    Inyo County's lawsuit cited a Civil War-era mining law that allowed local governments to build highways over some public lands.

    According to the 1866 mining law, the county has the right to preserve the public right-of-way on the old roads, Assistant County Counsel Randy Keller said.

    "These roads have been there for 100 years," Keller said. "The way we look at it, they were taken."

    The environmental groups seek to intervene to defend just three of those roads.

    The same mining law is being invoked in another case in nearby Surprise Canyon, an area just outside Death Valley's boundaries.

    There, off-road drivers and environmentalists are squaring off over whether the canyon and its spring-fed waterfalls should be closed to vehicles.

    Off-roaders have no role in the legal action brought by Inyo County, but drivers stand to benefit from the suit, Keller said.

    "It's a public road, and the county's desire is to see that the public's right to traverse these roads continues," he said. "That's part of the idea. They're recreation routes that people use to drive through the desert."

    The parties have asked for a hearing on March 12, said Zukoski. The court could rule anytime after that.
    "The eagle never lost so much time as when he consented to learn of the crow."

    -- Wm Blake

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  3. #2
    Carbon Footprint Donor JP's Avatar
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    Good, now all will be able to view it in the manner of their desired recreation.

  4. #3
    Quote Originally Posted by JP
    Good, now all will be able to view it in the manner of their desired recreation.

    Not yet decided.
    "The eagle never lost so much time as when he consented to learn of the crow."

    -- Wm Blake

  5. #4
    Quote Originally Posted by Rev. Coyote
    Not yet decided.
    This will be an interesting case to watch. It will set the tone for similar land battles throughout the West.

    It use to be that Federal land agencies and State and Local governments worked together on land issues. About 10 - 15 years ago this changed as Federal land managers began to ignore local governments in favor of a more "nationalistic" approach to land management. It seems that State and county governments throughout the West are now pushing back. It will be interesting to see if the Federal courts will rule in favor of the States. I am willing to bet that in most of these cases, Federal agencies/environmentalists will win the day. The Federal government has become more powerful and States rights continue to diminish. This trend will be exacerbated under the new Democratically controlled congress.

  6. #5
    It will be interesting. I am eager to see how it goes. The sheer scale of these areas is daunting. Travel on foot it unreasonable. Seems like 3 roads would be appropriate. But what do I know.

    Funny how everything endangered is right where a road goes and nowhere else. Apparently the endangered lion sits on the road holding the last endangered cactus waiting to get run over. Come on. (and buy the way I think I would be more endangered if I ran into the lion than he) IMHO it is all excuses. I am all for land management, but manage don't close it all. Seems like every time I turn around someone wants something else closed.

    Don't get me wrong. I don't want to drive willy nilly all over. I appreciate wilderness and the idea and understand the purpose. But these are public lands. Someone needs to take that into account. Some of us cannot hike into all of these areas. It all comes off as a little bigoted to those of us with medical restrictions. (as I put words into everyones mouths)

    The more my condition changes the more I feel like a unwelcome guest in the same lands I have been traveling since I was 10. Closed out by people that thin k they are doing good. But have never seen the land they are fighting about.

    I don't go out to damage things, I go out to enjoy the forests and deserts how I can. I just hope reason prevails but I am not counting on it.

  7. #6
    Carbon Footprint Donor JP's Avatar
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    Quote Originally Posted by sBowers
    Apparently the endangered lion sits on the road holding the last endangered cactus waiting to get run over.
    That's funny But, in the scope of things, it's pretty sad at the same time.

  8. #7
    Quote Originally Posted by JP
    That's funny But, in the scope of things, it's pretty sad at the same time.
    It is sad. It is sad that everyone buy into that type of sales pitch. And that is what it is, a sales pitch. I am in sales. I know how it works.

    Perception is reality. You make everyone believe that the "endangered" "thing" is only in a area the size of there yard and a road runs right through it. When the reality of the situation is that we are talking about thousands, maybe tens of thousands of aches. People just don't get out. They cannot comprehend the scale of these areas. They take what is spoon feed to them as truth.

  9. #8
    The original concept of National Parks was to make them accessible by the public. The Park Service often appears to want to eliminate public access in an effort to preserve the resource. But without public access, why preserve the resource? Of course, the resource must be protected, but that is difficult/expensive, so they minimize access.

    No doubt our major parks suffer from overcrowding, but some of the pressure could be relieved by improving access to many other parks/public lands currently inaccessible.

    One solution might be to charge higher fees that will reduce traffic while providing funds for expanding public access. We should always retain some pure wilderness areas, while providing various levels of access across the public lands.
    Stan

    Check out my photo gallery at www.pbase.com/sparker1

  10. #9
    The original concept of National Parks was to make them accessible by the public. The Park Service often appears to want to eliminate public access in an effort to preserve the resource.
    Unless you can't walk (which is a valid concern for the handicapped) you can still go there. Only vehicles not people are proposed to be restricted.

    Anyway, you shoulod see photos of these "roads". They were mining tracks at one time, but were washed out decades ago. Even a stock Jeep or Cruiser unless heavily modified can't drive most of those "roads".

    Good, now all will be able to view it in the manner of their desired recreation.
    Really? If I'm a bird and wildlife watcher and that is my desired recreation, it won't have an effect on whether or not I can still do it?
    Utah is a very special and unique place. There is no where else like it on earth. Please take care of it and keep the remaining wild areas in pristine condition. The world will be a better place if you do.

  11. #10
    Quote Originally Posted by Scott Patterson
    Good, now all will be able to view it in the manner of their desired recreation.
    Really? If I'm a bird and wildlife watcher and that is my desired recreation, it won't have an effect on whether or not I can still do it?
    Scott's premise is legitimate. however, there are now many thousands of acres of public land where motorized vehicles are already either restricted to designated trails or not permitted. There are many areas in Utah where wildlife can be viewed without motor vehicles in the area.

  12. #11
    Quote Originally Posted by UtahFire
    Scott's premise is legitimate. however, there are now many thousands of acres of public land where motorized vehicles are already either restricted to designated trails or not permitted. There are many areas in Utah where wildlife can be viewed without motor vehicles in the area.
    and there are a hell of a lot of birds and other animals out there, faaaaaaaaar more than OHVers. plus they spend more time out there than you guys do.

    we're pretty good a driving animals (and even people) off certain lands.

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