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California Legal action against Forest Service

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wow!!!!!!!!!!!!!!!!!!! and I love the comments against the typical arm chair enviro thinking.

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That's good news.

Seems there needs to be more challenges on the legal end to policies made and encouraged by those who live on the other side of the country.

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Terriffic!!!! That's two counties in California yesterday that told the feds that they are wrong in their closures.

Ride on

Brewster

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Terriffic!!!! That's two counties in California yesterday that told the feds that they are wrong in their closures.

Ride on

Brewster

yeah I am in shock, GREENIE LOVE CALIFORNIA county supervisors voting against the tide of unreasonable recreation closures?

🙂👍🤣:shocked:

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Sweet! I hope there lawyer makes some holes....

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Actually it looks to me like there is a bit of jumping to conclusions both in the article and in this thread. The article states near the beginning:

The Shasta County Board of Supervisors voted 5-0 Tuesday to have its attorney review the Shasta Trinity’s road plan and file an appeal.

and later:

Those who commented on the Shasta-Trinity’s road plan during its creation, which included the county, are eligible to appeal until May 10.

Both of those statements pertain to a part of the process that is far from filing a lawsuit. As stated, anyone that provided comments to the Travel Management Plan DEIS are eligible to file an appeal, and unless you are paying a lawyer or someone to to draw up your appeal there is no cost to do so. Typically the Forest Service will deny these appeals and go on with their decision, and that is when those that filed appeals have to decide if they want to really spend some money to pursue further legal action. I know that in the Eldorado NF all appeals were denied, and two lawsuits were later filed and are currently pending, one by a mining group, and another by the anti-access crowd (notice no action by OHV groups or local government).

Don't get me wrong, I think its great that the county is filing an appeal, but the real decision will come if the Forest Service denies their appeal. That is when any real legal action would begin, and it will take a substantial financial commitment to pursue any real fight at that point.

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Just because there is a lawsuit is not necessarily a good thing. If the travel managemnet plan is taken to court because the process is proven to be flawed the Judge can Shut the whole forest system down to OHV untill another EIS is completed. That's why when challenges are made against the Travel management rulings they need to be well thought out and based on facts. Unfortantly not having enough trails is not a legal deffense in its self. Like olddude said it looks like these guys are far from an actual lawsuit.

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I don't get it, you want someone to actually sue these bastards, then when someone makes the steps to do it, what I hear is don't bother they will reject the appeals anyway.

all this talk about no one taking legal action??? BRC is a doing nothing??? Maybe the whole take what we get attitude is the way to go??

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I don't get it, you want someone to actually sue these bastards, then when someone makes the steps to do it, what I hear is don't bother they will reject the appeals anyway.

all this talk about no one taking legal action??? BRC is a doing nothing??? Maybe the whole take what we get attitude is the way to go??

That's not what I was saying. The appeal is just one step in the process, and so far the FS has pretty much denied all appeals to these travel management plans, our appeals and the anti-access appeals. I'm not saying don't file appeals, if you didn't file the appeal you wouldn't have legal standing to later file a lawsuit, I was just trying to explain that the filing of an appeal was not the same as suing the FS, it's just one step in the process.

Also on what enduro4fun was saying, when a lawsuit is filed one of the things to consider is the possible actions taken during the legal process, and while the FS is redoing the Travel Management Plan if they lose. The anti-access crowd usually request that everything gets closed during the process when they sue, and our side would of course request that everything stay open during the process if we ever sued. It is the judges discretion on how that is handled.

In my opinion, IF YOU SUBMITTED SUBSTANTIVE COMMENTS TO THE DEIS, AND YOU FEEL YOUR COMMENTS WERE NOT CONSIDERED OR ADDRESSED IN THE FINAL DECISION, YOU SHOULD FILE AN APPEAL!

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all this talk about no one taking legal action??? BRC is a doing nothing??? Maybe the whole take what we get attitude is the way to go??

BRC and CERA filed for and were granted intervenor status on the Eldorado NF law suit.

Ride on

Brewster

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BRC and CERA filed for and were granted intervenor status on the Eldorado NF law suit.

Ride on

Brewster

Which puts them in the position of basically defending the Forest Service's bullshit travel management plan for the ENF against the anti-access lawsuit.

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Which puts them in the position of basically defending the Forest Service's bullshit travel management plan for the ENF against the anti-access lawsuit.

Like you just said if it goes to court and the forest service loses ENF could get shutdown while the process is redone. At least if we are involved in the process we have a chance of preventing that from happening. There travel management plan is bullshit, but it's better than the greenies alternative.

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Like you just said if it goes to court and the forest service loses ENF could get shutdown while the process is redone.

That is not how I read the lawsuit. Of course I could be wrong and please correct me if I am. But, I thought the lawsuit was requesting that "un-authorized" routes be closed, leaving NFTS routes open, while the process plays out.

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Oh I understand the position just wanted you to clarify it for others who may read. The FS has definetely showed they are unwilling to playball.

Finally got a call back from someone who might have some volunteerism info for me, will see how it shakes out.

What kind of an appeal must an individual file and how? Has anyone here who made comments to a forest ever filed an appeal? Their basic disregard of appeals from any side shows the forest service ignores the input process and does what they want. The people I know are fed up and I am sure going to continue doing their thing.

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Hey, it's a good start if nothing else. Journey of 1,000 miles...

But my gut reaction was the same as OldeDudes's - Just a vote to 'look into' won't necessarily materialize into anything. With money being tight these days, I'm not sure a county will be willing to fork the $$ over required to take on the feds...

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Oh I understand the position just wanted you to clarify it for others who may read. The FS has definetely showed they are unwilling to playball.

Finally got a call back from someone who might have some volunteerism info for me, will see how it shakes out.

What kind of an appeal must an individual file and how? Has anyone here who made comments to a forest ever filed an appeal? Their basic disregard of appeals from any side shows the forest service ignores the input process and does what they want. The people I know are fed up and I am sure going to continue doing their thing.

ZDawg, I filed an appeal on the ENF Travel Management Plan. PM your email address to me and I can send you a copy of that appeal (I'm sure I still have the file somewhere).

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ZDawg, I filed an appeal on the ENF Travel Management Plan. PM your email address to me and I can send you a copy of that appeal (I'm sure I still have the file somewhere).
you're hardcore:worthy:

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