From Deseret News archives:
Most of suit over ORV limits dismissed
The plaintiffs intend to refile their lawsuit, saying it is "still a work in progress."
The case was brought against the Bureau of Land Management by Wayne and Garfield counties, Hanksville, Utah Shared Access Alliance and several individual residents in 2006, after the bureau restricted off-roading in all but about 2 percent of its 145,000-acre park.
The recreation area had previously been completely open to off-roaders.
The changes require that riders use a 4-square-mile "play area" and stay on designated trails. The rules were made in an effort to protect two endangered species of cacti, according to the bureau.
The plaintiffs alleged that the bureau had not followed its own rules in making the changes and had failed to seek adequate public comment on the change. They also claimed closing much of the park to off-road vehicles would harm tourism and that long-term planning by the bureau was biased.
Judge Dee Benson ruled that the plaintiffs could not prove that their claims deserved judicial review.
Jackson said the bureau will not be able to prove an emergency in court because their own records show that the cacti populations have actually increased during the last three years.
But Southern Utah Wilderness Alliance legal fellow David Garbett, who has sided with the bureau, said the plaintiffs have little chance of winning the case based on that claim. Historically, anyone who has used similar claims to challenge the bureau has lost, he said.
E-mail: rpalmer@desnews.com
Comments
- Iran nuke plant 7 years old 1:07 p.m.
- Obama orders Fort Hood intel review 1:06 p.m.
- Federal deficit sets October record 1:04 p.m.
- 5A: Davis, Hunter by the numbers 12:58 p.m.
- Cougars land Vegas standout 12:52 p.m.
- Salt Laker places 5th in skeleton 12:49 p.m.
- Traffic stop leads to teen sex arrest 12:48 p.m.
- Stock market dragged lower 12:47 p.m.
- John King replacing Dobbs show 12:44 p.m.
- U.S. banks prepaying $45B in fees 12:42 p.m.
- House passes health care bill
296 - SLC council OKs gay rights policies
282 - TCU showdown has big implications
195 - Senators want food tax restored
158 - Cougars crush hapless Cowboys
155 - Utah Jazz fall apart against Kings
131 - TCU 4th in AP poll; U. 16th, Y. 22nd
119 - Will state consider gay rights law?
113 - S.L. vote pending on gay protections
110 - Letters: Strange breed in Utah
110
One of my guilty pleasures is perusing the covers of celebrity magazines...
The galactic center shines like firelight through gaps in …
All people of good will have compassion. We compassionate all innocent...
Our men are tough and are practicing full contact this week. We are just as...
Consider: At SOME POINT in the future China will lose faith in all the U.S....
How many veterans had die just last year due to lack of medical insurance....
How about: PG: Deron SG: Mathews SF: Brewer PF: Millsap C: Memo and...
'Pagan, can I just say your awesome? :)' - 12:21 p.m. Heh. You can. And...
John Pack Lambert | 11:25 a.m. Nov. 12, 2009 To the 9:02 commentator, Just...
BYU is a great institution! Football is one of many things that BYU is good...
I agree. The people being polled are probably exagerrating the number of days...
To the 2:18 commentator, You need to go watch the NPR piece where they...



You can be the first to comment on this story.