BRC Files Lawsuit (May 11, 2000) Against BLM OHV Closure

Discussion in 'Land Use' started by mudfanatic, May 12, 2000.

  1. mudfanatic

    mudfanatic 1/2 ton status

    Feb 18, 2000
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    Aloha, Oregon
    Subject: BRC Files Lawsuit (May 11, 2000) Against BLM OHV Closure

    1540 N. Arthur Blvd.
    Pocatello, ID 83204
    208-233-6570 * FAX:208-23308906


    CONTACT: Don Amador
    PH0NE: (925) 625-6287
    DATE: May 11, 2000


    SACRAMENTO, CA (May 11, 2000) - A coalition of recreational groups and a
    disabled individual filed suit today against the US Bureau of Land Management
    (BLM) challenging that agency's decision to close Black Sands Beach, located
    near Shelter Cove, CA, to use by motorized vehicles.

    Before BLM's closure, Black Sands Beach was regularly used to provide access
    for all recreationists to pursue varied activities, such as camping, fishing,
    surfing, driving on the beach, or abalone diving. Motorized usage of the
    beach has been so popular that in the early 1960's a route was carved out
    along a small terrace at the edge of the Black Sands Beach wave slope and was
    paved with asphalt.

    Plaintiffs in the suit include Friends of Black Sands Beach, a Shelter Cove
    based group comprised of local residents, businesses and families; the
    California Association of 4 Wheel Drive Clubs, Inc. (CA4WDC), a California
    nonprofit organization representing over 8,000 members; the Lost Coast 4X4s, a
    Fortuna based recreational club; Robert Gamsby, a disabled individual who is a
    member of CA4WDC; and the Blue Ribbon Coalition, an Idaho nonprofit
    corporation representing approximately 600,000 members nationwide. Plaintiffs
    are represented by attorneys Paul Turcke of Idaho and Dennis L. Porter of

    Plaintiffs contend that the closure violated the following laws:

    1. The Federal Land Policy and Management Act which requires the agency to
    recognize and provide for legitimate public uses of the area, including
    motorized access;

    2. The National Environmental Policy Act (NEPA) by failing to conduct an
    Environmental Impact Statement; and in failing to consider alternatives to a
    proposed action during a NEPA process and in failing to determine whether the
    proposed action may have a significant effect upon the human environment;

    3. The Act of 1866 (RS2477) by restricting or eliminating existing
    rights-of-way along or adjacent to the wave slope at Black Sands Beach;

    4. The Rehabilitation Act, which precludes discrimination against an
    individual suffering a disability, by preventing a disabled individual from
    participation in an activity conducted by an Executive Agency.

    According to Don Amador, the western representative for the Blue Ribbon
    Coalition, "This suit has historic significance because it is one of the first
    times that a national multiple-use organization has joined forces in
    California with state and local recreation interests to 'just say no' to more
    land closures by the federal government."

    "The time has come for the BLM to acknowledge that motorized access to this
    scenic area for diverse interests is an important element of its duty to
    manage the King Range Conservation Area for multiple-use. Discrimination
    against those families and individuals who enjoy touring this beach in 4 wheel
    drives or all-terrain vehicles should not be part of our journey into the 21st
    Century," Amador concludes.

    A Media Tour will be held at Black Sands Beach on May 25, 2000. The tour will
    meet in Shelter Cove at the Black Sands Beach parking lot at 12:00 p.m.

    The Blue Ribbon Coalition is a national recreation group that champions
    responsible multiple-use of public lands. It represents over 800
    organizations and businesses with 600,000 members.

    <font color=red>get involved with land issues or lose the land</font color=red>

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