Some Good Legal News for TMR Suits - Pirate4x4.Com : 4x4 and Off-Road Forum
 
Pirate4x4.Com : 4x4 and Off-Road Forum  

Go Back   Pirate4x4.Com : 4x4 and Off-Road Forum > Land Use and Trails > Land Use Issues
Notices

Reply
 
Share Thread Tools Display Modes
Old 04-05-2012, 07:38 AM   #1 (permalink)
Registered User
 
Join Date: Jul 2007
Member # 96634
Location: Oakley
Posts: 417
Some Good Legal News for TMR Suits

As we wait to see what the Judge decides on the Eldorado, there is some
good news coming from another court in MT on a TMR related suit. Very good
for our side - IMHO

Blog on Judge Molloy Decision
http://thegeneralsrecreationden.blog...gal-house.html

Story
HQ believes that U.S. District of Montana Judge Molloy in his April 2 Decision issued more than a slight rebuke to the current TMR- related closure-oriented legal paradigm that OHV users are facing in Western courts. Molloy’s order appears far from the wrench that anti-access advocates hoped to toss in the works:

Link to April 2 Molloy Orderhttp://www.sharetrails.org/uploads/Molloy.Order_RE_MSJ_04-02-12.pdf


Judge Molloy’s latest decision is serendipitously timed as lead plaintiff Wildlands CPR defends itself against concerns from those who wonder whether a frequent litigatory combatant should be writing a key FS trail guide.

HQ Blog on FS/Wildlands Trail Guide Scandalhttp://thegeneralsrecreationden.blogspot.com/2012/03/hq-review-of-new-fs-318-page-ohv.html


Stalwart road/trail warrior Paul Turcke lined up again in this one against Goliath on behalf of intervenors Montana and Idaho State Snowmobile Associations.

For students of the judicial process there is some very solid language coming from Judge Molloy regarding the nature of review, jurisdictional principles, deference to the agency, and lessening the need for the agency to perform “exhaustive” site-specific analysis when designating a route. The Court rejected the “home run” challenges against the Subpart C “exemption” of the Forest Service Travel Management Rule on the jurisdictional grounds advanced by MSA/ISSA.

Additional points – the court discussed non-motorized v. motorized impacts to wintering wildlife and conflicts of use between the same.

The General is not the most famous snowmobiler, but HQ believes this decision reflects awareness and outlines legal principles to dismantle the green’s legal “house of cards” when it comes to TMR-related lawsuits.
cuttenkid is offline   Reply With Quote
Old 04-05-2012, 11:29 AM   #2 (permalink)
4x4 Consultant
 
UGET IT's Avatar
 
Join Date: Feb 2000
Member # 227
Location: Folsom Ca.
Posts: 7,756
That is good news.
__________________
Method Motorsports


Email: kevin@methodmotorsports.net
WWW.METHODMOTORSPORTS.NET
UGET IT is offline   Reply With Quote
Sponsored Links
Old 04-05-2012, 06:01 PM   #3 (permalink)
Registered User
 
Join Date: Jul 2007
Member # 96634
Location: Oakley
Posts: 417
Uget It,

That's a big 10-4.

Don
cuttenkid is offline   Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -7. The time now is 03:21 PM.


Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Search Engine Optimization by vBSEO 3.6.0 ©2011, Crawlability, Inc.