***** BRC ALERT ***** BRC ALERT ***** BRC ALERT ***** BRC ALERT *****

Dear BlueRibbon Coalition supporter:

In 1999 the Southern Utah Wilderness Alliance (SUWA) filed a gargantuan
lawsuit against the Bureau of Land Management for failing to manage OHV use
on over 22 million acres that the agency manages in Utah. They asked the
court to close nearly 10 million acres.

The BlueRibbon Coalition (BRC), the Utah Shared Access Alliance (USA-ALL) and
others intervened in that lawsuit, preventing an adverse out of court
settlement. SUWA specifically targeted nine popular OHV areas for immediate
closure via a Temporary Restraining Order. The ruling denying SUWA's demands
was successfully appealed to the 10th Circuit Court of Appeals. BRC, USA-ALL,
and the Government appealed to the Supreme Court. The Court granted the
Government's request and on Monday, March 29, 2004 the U.S. Supreme Court
heard oral argument.

BRC posted a news release at: http://www.sharetrails.org and I?ve pasted it
below in this email. BlueRibbon's attorney, Paul Turcke, is quoted as saying
'This case is both legally and factually complex, and observers and interest
groups have found varied facets of it to emphasize.' Paul is known for his
particular wit. I could have found much more 'colorful' words to describe
some of the news reports I've read about this case!

Nevertheless, some news articles did better than others. The AP did a story
that appeared in many newspapers around the nation and both the Salt Lake
Tribune and Deseret News each have articles in today's papers.

** See: Supreme Court shows little enthusiasm for wilderness advocates
http://www.sfgate.com/cgi-bin/article.cgi?file=/news/archive/2004/03/29/state1721EST7540.DTL

** See: U.S. Justices debate their role in land-use issue
http://www.sltrib.com/2004/Mar/03302004/nation_w/152500.asp

** See: SUWA-case implications have top court worried
http://deseretnews.com/dn/view/0,1249,595052488,00.html

These are truly exciting times. I want to express our sincere thanks to all
of BlueRibbon's members and supporters. Without your support, these judges
would continue to make decisions about roads and trails without hearing from
the people who actually use the roads and trails.

From everyone at BlueRibbon, thank you for your continued support of our
legal efforts!

Brian Hawthorne
Public Lands Director
BlueRibbon Coalition


SUPREME COURT HEARS ARGUMENT IN VEHICLE ACCESS LAWSUIT

On Monday, March 29, 2004, the United States Supreme Court heard oral
argument in an administrative law case focusing on the manner in which
special interest groups can challenge federal agency management of vehicle
access to Utah desert lands. The case was originally filed in 1999 by the
Southern Utah Wilderness Alliance ('SUWA') and other groups, who contend that
the Bureau of Land Management ('BLM') has 'failed to act' to protect
wilderness study areas and other lands. Also parties to the case are the
BlueRibbon Coalition and the Utah Shared Access Alliance ('USA-All'), who
intervened in the original suit on behalf of off highway vehicle recreation
interests and filed the motion to dismiss leading to appellate proceedings
before the 10th Circuit Court of Appeals and the Supreme Court.

The Court led the arguing attorneys through a spirited and wide-ranging
argument. Commentators and media observers characterized the Court as
generally 'unsympathetic' to SUWA's claim that BLM had failed to act on its
management duties, noting that there exist other and more traditional methods
by which to assert the insufficiency of agency actions. Filing a merits
brief in the case and attending the argument on behalf of the vehicle access
advocates were lead counsel Paul Turcke of the BlueRibbon Legal Action
Program and local counsel Paul Mortensen of USA-All.

'This case is both legally and factually complex, and observers and interest
groups have found varied facets of it to emphasize,' Turcke observed. 'In
the end, this case is about whether a special interest group can invite
ongoing judicial oversight of agency management simply by alleging the agency
has 'failed to act' fully on some broad management duty'.

Access opponents conveniently overlook the BLM actions to aggressively manage
vehicular access in vast portions of Utah's desert to protect the back
country character. 'These groups seem to be focused on eliminating access to
the fraction of these areas where families can still ride,' Turcke concluded.


Chief Justice William Rehnquist announced at the close of argument that the
case has been submitted to the Court. The parties anticipate a decision in
the case as early as this summer.

###

***** END ALERT ***** END ALERT ***** END ALERT ***** END ALERT *****
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--
John Stewart
Director, Environmental Affairs
United Four Wheel Drive Associations, http://www.ufwda.org
Natural Resource Consultant
California Association of 4 Wheel Drive Clubs, http://www.ca4wdc.com
Recreation Access and Conservation Editor, http://www.4x4wire.com
Moderator, MUIRNet - Multiple Use Information Resource Network

To SUBSCRIBE or UNSUBSCRIBE to MUIRNet, send email to john@muirnet.net.