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Old 04-05-2012, 08:11 AM   #1 (permalink)
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Example of BRC et al legal victory

Here is an example of a BRC (and you who support us) legal victory last year the made the NY Times. Fighting for conservative issues in courts that lean left is often a diff. task.

Blog on 9th Circuit Victory
http://thegeneralsrecreationden.blog...today-9th.html

Story
The Recreation HQ wants to salute the BlueRibbon Coalition Legal Defense Fund’s lead counsel, Paul Turcke, the BRC and all the groups that supported this effort including those who filed “friend of the court” briefs including the MIC and other access interests on this historic legal victory today in the 9th Circuit Court of Appeals.


According to the BRC News Release, “Today the Ninth Circuit Court of Appeals announced an historic decision to abandon its so-called "federal defendant" rule. The rule categorically prohibited private parties, as well as state and local governments, from intervening of right on the merits of claims brought under the National Environmental Policy Act (NEPA).”

BRC January 14, 2011 News Release on 9th Circuit Court of Appeals Decision
http://www.sharetrails.org/releases/...4&filter=media

The HQ has been following this issue for some time including posting a blog on December 14 where BRC and MIC counsel (as well as The Wilderness Society’s attorney) argued before the Court. A great video of this legal football game is linked to in the HQ Dec. 14 Blog

HQ Dec. 14 Blog on “Must See Legal TV”
http://thegeneralsrecreationden.blog...s-counsel.html

NYT Article Today on OHV Win
http://www.nytimes.com/gwire/2011/01...west-1120.html

ENN Article on Victory
http://www.ens-newswire.com/ens/jan2...01-14-091.html

Cattlemen Applaud Victory
http://www.drovers.com/news_editoria...675&ed_id=8422


Let those of you in the OHV community who always feel that off-roaders never win in court… please savor this victory. Enjoy a great dinner with your family, go for a trail ride, or shout from your roof or RV trailer top.

If you want to send Paul Turcke a personal congrats… here is his email address:
pat@msbtlaw.com

Have a great weekend my OHV family! And, never ever give up.
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Old 04-05-2012, 09:07 AM   #2 (permalink)
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So what does this mean exactly? Does this mean that local groups have the right to challenge National EPA policy?

Kevo
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Old 04-05-2012, 09:34 AM   #3 (permalink)
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Kevo, The 9th Circuit Court of Appeals held a view that made it hard for affected parties
(such as timber companies or OHV or ranchers, etc) to intervene (come in on the side of the agency) when enviro groups sued to block a timber or OHV project.
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Old 04-05-2012, 11:21 AM   #4 (permalink)
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BRC is fighting battles everyday........Like Curly sais we just have to be more collective. If BRC is leading the legal charge then great.

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Old 04-05-2012, 11:34 AM   #5 (permalink)
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THIS is why I'm a Lifetime Member of BlueRibbon Coalition!
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Old 04-05-2012, 05:56 PM   #6 (permalink)
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RockMolester,

Thanks! and I hope you don't mind the video of my 2001 Montero on 10N13 on the BRC Eldo update today at: www.sharetrails.org

Thanks

Don
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