Off-roaders lose challenge to S. Utah road closures

Environmentalists won a victory when a federal judge dismissed an off-road vehicle group's challenge to the emergency road closures in southern Utah.

Staunch advocates of wilderness protection were pleased while off-road vehicle advocates were putting their best spin on the ruling.

"This ruling makes clear that the federal government can and should take reasonable measures to bring some balance to the landscape by preventing off-road vehicles from tearing apart our public lands," said Keith Bauerle, attorney for Earthjustice.

U.S. District Court Judge Bruce Jenkins on Wednesday ruled the federal government has the power to restrict off-road vehicle use to prevent damage to public lands.

At issue is the emergency road closures the Bureau of Land Management implemented in order to prevent further harm to some of Utah's most scenic wildlands around Moab. The move came at the urging of environmentalist who joined as co-defendants with the BLM in the federal lawsuit.

Utah Shared Access Alliance, or USA-ALL, advocates of access to public lands, sued the BLM over the agency's emergency travel restrictions, which included Poison Spider Mesa and the Gemini Bridges Trail, as well as public lands adjacent to Canyonlands National Park.

The group also took issue with BLM's request to stay on existing roads and trails in the popular Factory Butte area in Wayne County.

BLM's emergency closures also restricted mountain biking and camping in Box Elder, Grand, San Juan and Wayne counties.

Brian Hawthorne, director of USA-ALL, said BLM modified its emergency closures as a result of the groups' concerns.

For instance, gone are the confusing signs intended to keep off-road vehicles from veering off the existing Factory Butte trail.

"The strongest claim was that BLM overstepped its bounds," Hawthorne said. "While we are not necessarily opposed to closed trails, what we wanted was a chance for protest and appeal."

BLM modified its emergency order so the judge rendered USA-ALL's claims moot, he added.

USA-ALL's complaint alleged that the BLM violated the Resource Management Plans that govern BLM lands by imposing a "Closed Unless Posted Open" policy to block access to roads and trails that are legally open. The group argues that the "emergency" actions were done in violation of federal planning laws that require public input.

Earthjustice, representing The Wilderness Society, Great Old Broads for Wilderness, and Wildlands CPR, joined Southern Utah Wilderness Alliance to support the BLM's travel restrictions.

Jenkins denied all of USA-ALL's claims.

"The court's decision sends a strong message that federal land managers should not be afraid to take steps to protect public lands from off-road vehicle abuse," said Stephen Bloch, attorney for SUWA. "At the same time, off-road vehicle riders need to know that there will be consequences for their damaging actions, including the loss of their privilege to recreate on public lands."

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