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Federal Court Injunction Prohibiting OHV Desert Washes

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Old 01-07-2005 | 11:26 PM
PalmSpringsPolaris's Avatar
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Default Federal Court Injunction Prohibiting OHV Desert Washes


How can we get the tree huggers on the Endangered Species list?

Anyone hear of, or have seen this desert tortoise they are talking about.




Directly from the BLMs site.

News Release
For Immediate Release: January 4, 2005 CA-CDD-05-16
Contact: Linda Hansen/Steve Razo (951) 697-5200 or Jan Bedrosian (916) 978-4616


Federal Court Issues Injunction Prohibiting OHV Travel in Desert Washes

A Federal Court in San Francisco has issued an injunction prohibiting off-highway vehicle (OHV) use in wash zones within 571,000 acres of public lands in the Northern and Eastern Colorado Desert region of the California Desert to protect the threatened desert tortoise.

The areas affected are public lands administered by the Bureau of Land Management (BLM) within designated desert wildlife management areas (DWMAs) in Imperial, Riverside and San Bernardino counties.

The order, issued Dec. 30, 2004 partially grants a motion filed by the Center for Biological Diversity, the Sierra Club, and others alleging violations of the Endangered Species Act. In the same ruling, the Court denied the Center's requests to close the DWMAs to livestock grazing and to restrict the public from parking or stopping farther than 15 feet from the centerline on 2,000 miles of routes. The Court further denied the Center's request to overturn BLM's land use plan decisions for the Northern and Eastern Colorado and Mojave Desert regions issued after extensive public participation in 2002, and left intact the U.S. Fish and Wildlife Service's (FWS) issuance to BLM of "incidental take" authority for the plans under the Endangered Species Act.

The Court ruled the injunction will remain in place until the FWS prepares and issues a new biological opinion in compliance with the court's ruling. FWS Ventura Field Office Supervisor Diane Noda estimates that the new biological opinion, already underway, will be issued by the last week in February 2005.

BLM Desert District Manager Linda Hansen emphasized that the public still has OHV access to more than 1,700 miles of designated open routes within the two DWMAs (Chemehuevi and Chuckwalla) covering 1.7 million acres of public lands.

The court's ruling is available online at http://www.ca.blm.gov/pdfs/caso_pdfs...g.12.30.04.pdf (This is a PDF file, about 65 kilobytes). The injunction is part of a lawsuit filed in 2003 challenging the FWS' biological opinion on the plans, issued in 2002. In August 2004, the Court overturned the biological opinion based on a legal determination involving the regulatory definition of "adverse modification" of critical habitat for the desert tortoise..

Hansen said BLM will immediately begin steps to implement the injunction, including issuance of a closure order. She said BLM will focus on public education efforts, posting public notices and making personal contacts by BLM personnel, including BLM's desert rangers.

-BLM-

California Desert District Office 22835 Calle San Juan de Los Lagos, Moreno Valley, CA (909) 697-5200




Page last updated: 2005-01-04 17:02:37.303
 
  #2  
Old 01-08-2005 | 01:28 AM
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Default Federal Court Injunction Prohibiting OHV Desert Washes

Originally posted by: PalmSpringsPolaris
How can we get the tree huggers on the Endangered Species list?

Anyone hear of, or have seen this desert tortoise they are talking about.
Only one I ever saw was in the movie On Any Sunday. A desert racer picks one up and moves it off the trail. The real threat to the desert tortoise is disease and cattle, of course they are not too concerned with that at this time.
 
  #3  
Old 01-09-2005 | 09:35 PM
Dragginbutt's Avatar
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Is old enough to know better, but too young to stop.
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From: Northern Virginia, near DC
Default Federal Court Injunction Prohibiting OHV Desert Washes

Just another example of just how low the environmentalists will stoop... they have a whole list of things in their pockets and will keep you and the government tied up in the courts for the next hundred years... My suggestion would be to join the blueribbon coalition and fight them. Get everyone you know to join as well... it is a numbers game.... The BR coalition has had a lot of success in fighting them, including in CA, and exposing their lies in court.....
 
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