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Old 05-17-2001, 06:12 PM   #1 (permalink)
1962 YellowSubmarine
 
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Thumbs up ASA sues BLM today

<font color="yellow">The following was sent out by the ASA:</font c>

ASA membership and off road enthusiasts of all types,
we have officially engaged the BLM in a lawsuit today
May 17th 2001.
The ASA with our friends CORVA and AMA District 37
filed a suit in the Southern District Court in San
Diego, California, that if successful will remove all
closures in the ISDRA with exception of the wilderness
area north of Hwy 78. Our chances are good, but we
have some issues ahead of us, which will be dealt with
aggressively. However, at some point in the near
future we hope to return these dunes back to us, the
rightful owners of the sand.
This is our complaint with the BLM:
The BLM violated the Endangered Species Act (ESA) by
not following proper procedures when closing public
lands in the ISDRA. The BLM did not follow the
requirements set forth in the National Environmental
Policy Act (“NEPA&#8221 <IMG SRC="smilies/wink.gif" border="0">, which requires the BLM to study
the impacts of such closures. The BLM also did not
follow the public input process required by law.
What this means is the BLM should have done a full and
complete environmental review on these closures and
their effect on the desert before they closed any land
to motorized access or camping. The BLM is also
required to offer the public a forum in which to
comment on said closures. They did neither of these
things as required by law.
The BLM also violated the Federal Land Policy and
Management Act (“FLPMA&#8221 <IMG SRC="smilies/wink.gif" border="0"> by (1) not evaluating or
determining whether these closures were necessary to
protect the PMV and by (2) not determining whether or
not these closures are consistent with the “multiple
use” requirements of “FLPMA”.
The BLM illegally, by way of this closure, violated
the rights the public has to shape public land use
policy in the California Desert.
Because of the San Diego Off Road Coalition’s
successful motion for clarification and the subsequent
ruling by Judge Alsup, we now have this great
opportunity to reopen our dunes. Since SDORC was
technically a defendant in the first lawsuit as an
Intervenor, there are legal reasons why they are not
named on our suit. Keep in mind, however, SDORC is one
of our largest contributors and has worked closely
with the ASA – not only on the legal aspect, but the
biological effort as well. We have collaborated well
and would not be here without them.
We will keep you updated as events unfold. We will use
the “What’s New” page on the GOL site at: www.glamisonline.org.

American Sand Association
San Diego Off Road Coalition
California Off Road Vehicle Association
American Motorcycle Association District 37
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Old 05-17-2001, 07:12 PM   #2 (permalink)
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Cool, I will be passing this on!
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Old 05-20-2001, 09:49 PM   #3 (permalink)
1962 YellowSubmarine
 
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Thumbs up

<font color="yellow">more info from San Diego Off-Road Coalition SDORC</font c>

Off-roaders sue BLM!

Taking a page from the book used by the extreme environmental organizations,
American Sand Association (ASA), California Off Road Vehicle Association
(CORVA) and AMA District 37 filed a lawsuit against the Bureau of Land
Management (BLM) on May 17th, 2001. The following is the official notice on
GlamisOnLine:

ASA membership and off road enthusiasts of all types, we have officially
engaged the BLM in a lawsuit today May 17th 2001. The ASA with our friends
CORVA and AMA District 37 filed a suit in the Southern District Court in San
Diego, California, that if successful will remove all closures in the
Imperial Sand Dunes Recreation Area (ISDRA) with exception of the wilderness
area north of Hwy 78. Our chances are good, but we have some issues ahead of
us, which will be dealt with aggressively. However, at the end of the day we
hope to return these dunes back to us, the rightful owners of the sand.

This is our complaint with the BLM:

The BLM violated the Endangered Species Act (ESA) by not following proper
procedures when closing public lands in the ISDRA. The BLM did not follow
the requirements set forth in the National Environmental Policy Act (NEPA),
which requires the BLM to study the impacts of such closures. The BLM also
did not follow the public input process required by law.

What this means is the BLM should have done a full and complete
environmental review on these closures and their effect on the desert before
they closed any land to motorized access or camping. The BLM is also
required to offer the public a forum in which to comment on said closures.
They did neither of these things as required by law.

The BLM also violated the Federal Land Policy and Management Act (FLPMA) by
(1) not evaluating or determining whether these closures were necessary to
protect the PMV and by (2) not determining whether or not these closures are
consistent with the “multiple use” requirements of FLPMA.

The BLM illegally, by way of this closure, violated the rights the public
has to shape public land use policy in the California Desert.

Because of the San Diego Off-Road Coalition’s successful motion for
clarification and the subsequent ruling by Judge Alsup, we now have this
great opportunity to reopen our dunes. Since SDORC was technically a
defendant in the first lawsuit as an Intervenor, there are legal reasons why
they are not named on our suit. Keep in mind, however, SDORC is one of our
largest contributors and has worked closely with the ASA - not only on the
legal aspect, but the biological effort as well. We have collaborated well
and would not be here without them.

We will keep you updated as events unfold. We will use the “What’s New”
page on the GOL site at www.glamisonline.org <http://www.glamisonline.org>.

American Sand Association
San Diego Off-Road Coalition
California Off Road Vehicle Association
American Motorcycle Association District 37
__________________
Peter S. Di Primo - Waterjet, laser, metal forming, CNC work, Fiberglass and Carbon work, patterns and molds. No job too small.
Prototyping and small production is our specialty, but we have the network to handle large jobs as well.
Email me if you need something cut, bent, formed, milled, machined, etc.


Ventura County Axle Snappers 4 Wheel Drive Club

Help Fight Global Warming- turn your A/C on high and open all your windows.

Alcohol, Tobacco, and Firearms should be a convenience store - NOT a government agency!!!!
YellowSub1962 is offline   Reply With Quote
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