From Deseret News archives:

Activists ratchet up fight over Kane roads

Environmentalists' lawsuit says county reopened trails

Published: Thursday, Oct. 13, 2005 9:42 p.m. MDT
 |  E-MAIL | PRINT | FONT + - 
Environmentalists have thrown another log on the long-burning conflagration over off-road vehicle trails in Kane County.

In a federal lawsuit, they claim Kane County is trying to usurp federal authority by opening routes that were legally closed to ORV traffic in Bryce Canyon and Zion national parks, Grand Staircase-Escalante National Monument, Glen Canyon National Recreation Area and wilderness study areas on Bureau of Land Management property.

A Kane County commissioner responded that the southern Utah county is only trying to regulate ORV use. If the federal government closed a traditional right-of-way, he added, that was done illegally.

The suit was announced Thursday in a conference call by Earthjustice, The Wilderness Society and the Southern Utah Wilderness Alliance. Earthjustice, a law firm focusing on environmental causes, which has offices in Denver and elsewhere.

Plaintiffs are The Wilderness Society, based in Washington, D.C., and SUWA, Salt Lake City. Defendants are Kane County and its commissioners.

Story continues below
"This case has arisen because Kane County and county officials . . . have flouted the United States Constitution and the management authority of the U.S. Department of Interior by opening up these fragile federal lands to destructive off-road vehicle (ORV) use," states the suit, a copy of which was provided by The Wilderness Society.

It asserts that Kane County passed ordinances opening roads that were closed to ORVs by the federal government, posted its own road signs and ripped down federal signs saying areas were closed.

The federal court in Salt Lake City confirmed the suit was filed.

Kristen Brengel of The Wilderness Society said that in the summer of 2003, Kane County officials removed signs in the national monument that prohibited ORV use. The BLM, which manages the national monument, "initiated a criminal investigation" but no legal action has been taken, she said.

Later, the county put up signs saying certain areas were open in the monument — areas that had been closed to ORV use by the federal government, she said. In August, Kane County passed an ordinance governing ORV use on federal land, including parks, the monument and wilderness study areas, she added.

The suit is intended "to prevent this damage from occurring in these areas," Brengel added.

"The county is attempting to seize control of the management" of some of America's most spectacular natural lands, said Ted Zukoski, lawyer for Earthjustice. Under the Constitution's Supremacy Clause, he added, "federal law is supreme where it operates."

Comments

You can be the first to comment on this story.

previousnext

Latest comments

Cougars honor 1984 champs

The Cougars honor the '84 champs, while Max Hall dishonors his team,...

26-23

Sorry Max's family got the beer spray, but we got sprayed by beer at COUGAR...

Hall mouths off about hate of Utah

Why is the word "hate" and "classless" in the honor code. Get real!

BYU is champion of the state

Please allow me to translate what Max really meant: I really don't like...

I love watching Utah football and it was a nail-biter, but Utah made too many...

Hall mouths off about hate of Utah

Here is a perfect reason to do away with your football team. This...

It's unfortunate that Max got so caught up emotionally in the rivalry that a...

just an opinion, not the one we would like the winning quarterback to have or...

Cougars beat Utes, 26-23

When Utah has a great team they blow out BYU. When BYU wins it takes a...

Advertisements