- Thread starter
- #21
Yes, but we can not file until after the FS issues the the closure order and they most likely will wait until March 31.
Tellico Up Date (3 Viewers)
- Thread starter DSLTOY
- Start date
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- Thread starter
- #22
The Forest Service issued a 2 year temporary closure order for Tellico. SFWDA will have a news release out soon followed by legal action. The comment period on the EA is up, but we still need everyone to keep the pressure on their elected officals.
Spring Fling is still on.
Spring Fling is still on.
Here's the info
Upper Tellico OHV Area
Upper Tellico OHV Area
werd
SILVER Star
I guess since they aren't maintaining the trail system anymore 
, they don't need that money allocated in their annual budget either.
, they don't need that money allocated in their annual budget either.
- Thread starter
- #25
Quote k9crazy
Report Post Quote Reply Topic: Rescue Tellico Update 7-1-09
Posted: Today at 7:38am
The waiting time for us to file suit has expired (it was a bit extended because we needed to address a few additional agencies and this set us back 2 weeks), so we can file at any time we wish.
As of now, the FS has not responded to SFWDA's NOI to sue under the CWA. We are not discouraged by this, and in fact do not want the FS to rush their analysis. The best thing that can happen (short of a complete change in heart and reopening the area with no changes) is that they decide that they need to do more research based on our work.
We believe that the work that our members and donors paid for in the Caliber Report and EA Comments is helping us to solidify our stance that the area can be maintained and should be reopened.
On the advice of our legal team, we are not filing suit right now and will wait until we hear from the FS. This could either be with a decision or some other communication in response to our NOI. We will, however, continue to travel to DC to talk with our elected officials. We will also continue to work with our attorneys, BRC, and United on the strategy we will follow when the time comes and a decision is made.
In addition, we are in the process of requesting some additional information from the FS to further explore the actions the FS has taken at Tellico. This is done through a Freedom of Information Act Request and is a formal way to make sure that the government is giving us all the information we need to build our case.
As far as funding goes, so far we’ve raised about 16% of the money we anticipate needing to fight this fight. Funds have been spent on the Caliber Report, fronting money for T-shirts and other fundraising items and paying the lawyers.
Finally, we now have a PR person within the organization that is going to be publishing updates to our members on the SFWDA forum (and I will cross post on other forums) on a regular basis. While things are slow, it will be every 2 weeks to a month. When we hear from the FS and activities pick up, it will be more often.
I hope that this answers many of the questions that are out there, but if not, please feel free to ask questions on this thread and I will do what I can to answer or find the answers. As always, your support is appreciated!
Report Post Quote Reply Topic: Rescue Tellico Update 7-1-09
Posted: Today at 7:38am
The waiting time for us to file suit has expired (it was a bit extended because we needed to address a few additional agencies and this set us back 2 weeks), so we can file at any time we wish.
As of now, the FS has not responded to SFWDA's NOI to sue under the CWA. We are not discouraged by this, and in fact do not want the FS to rush their analysis. The best thing that can happen (short of a complete change in heart and reopening the area with no changes) is that they decide that they need to do more research based on our work.
We believe that the work that our members and donors paid for in the Caliber Report and EA Comments is helping us to solidify our stance that the area can be maintained and should be reopened.
On the advice of our legal team, we are not filing suit right now and will wait until we hear from the FS. This could either be with a decision or some other communication in response to our NOI. We will, however, continue to travel to DC to talk with our elected officials. We will also continue to work with our attorneys, BRC, and United on the strategy we will follow when the time comes and a decision is made.
In addition, we are in the process of requesting some additional information from the FS to further explore the actions the FS has taken at Tellico. This is done through a Freedom of Information Act Request and is a formal way to make sure that the government is giving us all the information we need to build our case.
As far as funding goes, so far we’ve raised about 16% of the money we anticipate needing to fight this fight. Funds have been spent on the Caliber Report, fronting money for T-shirts and other fundraising items and paying the lawyers.
Finally, we now have a PR person within the organization that is going to be publishing updates to our members on the SFWDA forum (and I will cross post on other forums) on a regular basis. While things are slow, it will be every 2 weeks to a month. When we hear from the FS and activities pick up, it will be more often.
I hope that this answers many of the questions that are out there, but if not, please feel free to ask questions on this thread and I will do what I can to answer or find the answers. As always, your support is appreciated!
Logging at Tellico
Roger,
Do you have any info what is really going regarding logging activities at Tellico? I was told that crews and heavy equipment are already at Tellico prep'ing the trails and cutting new roads to support logging.
Thanks
Roger,
Do you have any info what is really going regarding logging activities at Tellico? I was told that crews and heavy equipment are already at Tellico prep'ing the trails and cutting new roads to support logging.
Thanks
- Thread starter
- #27
There is one timber sale in progress, it is on the Murphy side of the mountain and not in an area we have been wheeling.
- Thread starter
- #28
Well folks the Forest Service announced their final decesion yesterday, complete closure. We have 45 days to file an appeal, which we will, then they have 45 days to answer the appeal.
Here is Southern's press release:
RECREATIONAL GROUPS DECRY TELLICO CLOSURE
October 15, 2009
Conservation groups dedicated to active and sustainable management of the Upper Tellico OHV Area expressed deep disappointment with the U.S. Forest Service decision to permanently close the Tellico trails. The decision, which follows an earlier “temporary” closure, was announced in documents published by the USFS yesterday morning.
Gary Parsons, President of the Southern Four Wheel Drive Association, reacted by saying, “the Forest Service is simply wrong in this decision. This public agency has ignored an independent study by Caliber Engineering and the recommendations of its own Trails Unlimited Team, which demonstrated effective management is attainable and offered specific suggestions to achieve that goal.”
The agency announcement by Forest Supervisor, Marisue Hillard again parroted the water quality issues long favored by preservationist special interests as the excuse for closure. Jay Bird, Chairman of the Rescue Tellico Committee noted, “the Tellico River is in excellent shape and complies with all legal requirements. Only through blatant modification of proper methodology, such as measuring turbidity levels during peak runoff, can the Forest Service claim there is legal basis to take any action, let alone closure.”
“Sadly, we are not surprised. It now appears the Forest Service knew it would close the Area years ago, and undertook the intervening “public process” to justify a decision already made,” said Greg Mumm, Executive Director of the BlueRibbon Coalition. “We are sorely disappointed that the Forest Service has determined it cannot effectively manage the Upper Tellico OHV Area that users have supported with millions of dollars in fees and thousands of hours of volunteer labor. With our recreational partners we will evaluate all options that may change that determination.”
# # #
The BlueRibbon Coalition is a national recreation group that champions responsible use of public and private lands, and encourages individual environmental stewardship. It represents over 10,000 individual members and 1,200 organization and business members, for a combined total of over 600,000 recreationists nationwide. 1-800-258-3742. BlueRibbon Coalition: Preserving your recreational access to public lands.
United Four Wheel Drive Associations is an international organization comprised of four wheel drive enthusiasts, clubs, associations, and businesses dedicated to providing community services around the world, education in responsible land use and safe vehicle operation, and protection of our natural resources through conservation practices. 1-800-448-3932. United Four Wheel Drive Associations Official Site - United Online - An International Organization
Southern Four Wheel Drive Association (SFWDA) was founded in 1987 to promote responsible land use and to keep public lands accessible for motorized recreation. For more information on the activities and accomplishments of Southern Four Wheel Drive Association, please visit Southern 4WD Association or contact us at 1483 N. Mt. Juliet Road, PMB # 222, Mt. Juliet, TN 37122
Here is Southern's press release:
RECREATIONAL GROUPS DECRY TELLICO CLOSURE
October 15, 2009
Conservation groups dedicated to active and sustainable management of the Upper Tellico OHV Area expressed deep disappointment with the U.S. Forest Service decision to permanently close the Tellico trails. The decision, which follows an earlier “temporary” closure, was announced in documents published by the USFS yesterday morning.
Gary Parsons, President of the Southern Four Wheel Drive Association, reacted by saying, “the Forest Service is simply wrong in this decision. This public agency has ignored an independent study by Caliber Engineering and the recommendations of its own Trails Unlimited Team, which demonstrated effective management is attainable and offered specific suggestions to achieve that goal.”
The agency announcement by Forest Supervisor, Marisue Hillard again parroted the water quality issues long favored by preservationist special interests as the excuse for closure. Jay Bird, Chairman of the Rescue Tellico Committee noted, “the Tellico River is in excellent shape and complies with all legal requirements. Only through blatant modification of proper methodology, such as measuring turbidity levels during peak runoff, can the Forest Service claim there is legal basis to take any action, let alone closure.”
“Sadly, we are not surprised. It now appears the Forest Service knew it would close the Area years ago, and undertook the intervening “public process” to justify a decision already made,” said Greg Mumm, Executive Director of the BlueRibbon Coalition. “We are sorely disappointed that the Forest Service has determined it cannot effectively manage the Upper Tellico OHV Area that users have supported with millions of dollars in fees and thousands of hours of volunteer labor. With our recreational partners we will evaluate all options that may change that determination.”
# # #
The BlueRibbon Coalition is a national recreation group that champions responsible use of public and private lands, and encourages individual environmental stewardship. It represents over 10,000 individual members and 1,200 organization and business members, for a combined total of over 600,000 recreationists nationwide. 1-800-258-3742. BlueRibbon Coalition: Preserving your recreational access to public lands.
United Four Wheel Drive Associations is an international organization comprised of four wheel drive enthusiasts, clubs, associations, and businesses dedicated to providing community services around the world, education in responsible land use and safe vehicle operation, and protection of our natural resources through conservation practices. 1-800-448-3932. United Four Wheel Drive Associations Official Site - United Online - An International Organization
Southern Four Wheel Drive Association (SFWDA) was founded in 1987 to promote responsible land use and to keep public lands accessible for motorized recreation. For more information on the activities and accomplishments of Southern Four Wheel Drive Association, please visit Southern 4WD Association or contact us at 1483 N. Mt. Juliet Road, PMB # 222, Mt. Juliet, TN 37122
Sorry to hear that Roger. I know you and others have pured your hearts and souls into trying to save Telico.
- Thread starter
- #30
We are not done yet, We have just begun to fight, we will be filing an appeal and if that does not work, there is still the court system.
Bodean
Hot Damn
I sure hope some progress can be made to save this area. Tellico is where I learned what my Cruiser could really do. It will be a sad day if it stays closed.
What are yall hearing from the merchants on the Tellico side? My Father in Law has a cabin about 4 miles from Crawfords and he says the Murphy folks are feeling the closure.
What are yall hearing from the merchants on the Tellico side? My Father in Law has a cabin about 4 miles from Crawfords and he says the Murphy folks are feeling the closure.
Here is an article about the claims by the FS that closing the trails has minimal economic impact
http://cherokeescout.com/articles/2009/10/20/news/doc4ade11732f0f4994576184.txt
plus there is a poll (under the index on the left) where readers can record if they agree with the FS assessment
- Thread starter
- #33
From the SELC website:
10. Saving special places. The heart of SELC’s mission is protecting one-of-a-kind sites of particular beauty or exceptional wildlife, historic, or natural value.
This is the SELC’s number 10 accomplishment, in their list of top 10, of the things they have done over the years.
Merriam Webster says: protect – to cover or shield from exposure
“Education, Conservation, Recreation” – The SFWDA motto.
Merriam Webster says: conserve – to maintain constant during a process of evolutionary change
While the SELC, and associated groups like TU, like to promote themselves as conservationist organizations, SELC’s own web site lists as one of their top 10 accomplishments, “protecting” the environment. What they mean by this is, to shield the environment from exposure to human use. Their philosophy of activism is actually geared more toward a preservationist point of view than a conservationist point of view.
In the case of the issue of the Upper Tellico OHV area outside of Murphy, NC, TU, with the support of SELC would be happy to preserve the area in such a manner that with no human exposure or intervention the native brook trout could continue their evolution. Maybe they would make it, maybe they won’t, but at any rate you won’t be able to blame humans for their destruction.
Conservationists, read SFWDA, on the other hand want to use our human abilities to manage brook trout habitat. We want to insure that through stream and water quality management, brook trout will be conserved, remain constant during this period of evolutionary change, for our descendants to enjoy.
The strange thing I see is that most TU members and SFWDA/BRC members agree on many of the trout issues. The difference is that under the SELCs direction, TU would have us close areas of public land to certain recreational use as a means of protecting trout habitat where as SFWDA/BRC, would work to properly manage the land so that all uses that have been designated as viable uses by the U.S. Forest Service are available to the public.
The job of the Rescue Tellico Coalition, through the individual 4wd user, is to make our legislators, the media and the general public aware of this distinction. That through following the U.S. Department Of Agriculture’s own agency mandate of managing public lands for public use, all users of our public Forests can work in cooperation to help conserve our lands for today’s and tomorrow’s use instead of closing them in discrimination to certain user groups.
10. Saving special places. The heart of SELC’s mission is protecting one-of-a-kind sites of particular beauty or exceptional wildlife, historic, or natural value.
This is the SELC’s number 10 accomplishment, in their list of top 10, of the things they have done over the years.
Merriam Webster says: protect – to cover or shield from exposure
“Education, Conservation, Recreation” – The SFWDA motto.
Merriam Webster says: conserve – to maintain constant during a process of evolutionary change
While the SELC, and associated groups like TU, like to promote themselves as conservationist organizations, SELC’s own web site lists as one of their top 10 accomplishments, “protecting” the environment. What they mean by this is, to shield the environment from exposure to human use. Their philosophy of activism is actually geared more toward a preservationist point of view than a conservationist point of view.
In the case of the issue of the Upper Tellico OHV area outside of Murphy, NC, TU, with the support of SELC would be happy to preserve the area in such a manner that with no human exposure or intervention the native brook trout could continue their evolution. Maybe they would make it, maybe they won’t, but at any rate you won’t be able to blame humans for their destruction.
Conservationists, read SFWDA, on the other hand want to use our human abilities to manage brook trout habitat. We want to insure that through stream and water quality management, brook trout will be conserved, remain constant during this period of evolutionary change, for our descendants to enjoy.
The strange thing I see is that most TU members and SFWDA/BRC members agree on many of the trout issues. The difference is that under the SELCs direction, TU would have us close areas of public land to certain recreational use as a means of protecting trout habitat where as SFWDA/BRC, would work to properly manage the land so that all uses that have been designated as viable uses by the U.S. Forest Service are available to the public.
The job of the Rescue Tellico Coalition, through the individual 4wd user, is to make our legislators, the media and the general public aware of this distinction. That through following the U.S. Department Of Agriculture’s own agency mandate of managing public lands for public use, all users of our public Forests can work in cooperation to help conserve our lands for today’s and tomorrow’s use instead of closing them in discrimination to certain user groups.
Bodean
Hot Damn
So should we report anyone we see fishing? That would be disturbing the natural habitat!
- Thread starter
- #36
To all Southern Four Wheel Drive Members and Supporters:
Please read the summary from Paul Turcke concerning the Upper Tellico
issue and Rescue Tellico effort. Paul is the attorney for the Blue
Ribbon Coalition helping representing us in this issue. I believe Paul
has addressed areas of concern that have been expressed and lays it on
the line that it is a tough battle but one that has to be fought.
Thanks again for hanging in there and supporting this effort. We are
working to make the best decisions possible and do the right things as
we move forward.
Gary Parsons
President
Southern Four Wheel Drive Association
Hello All- I have reviewed these threads, and the emails in reply
posted before now (9:28 EDT 10/27). I will try to summarize.
First, I want to say that I was pleasantly surprised by the postings. I
expected mostly complaining and ignorant comments, but can say I found a
kernel of wisdom in almost every post. That is not to say there were
some "duds" surrounding the kernel(s).
RE the appeal process vs going to court, as several folks alluded to and
I think you all know, you cannot run straight to court at this stage of
the game. While there is a technical (minimal) chance of cobbling
together some exception to the basic jurisdictional rules (primarily
exhaustion of admin remedies) tactically it would make no sense to try -
ie it sends the wrong messag to the Court, that we don't really know the
groundrules and are a bunch of pissed off wheelers. While that might
resonate with some element of the members it is our job to make them
better understand that sending such a message just gets you a "comic
relief" label with the judge and more marshals on duty at the federal
courthouse.
RE the comments ala "I've wasted my $" and "we could just go buy private
ground" according to my #s our firm has billed BRC a total of $17,891
total for Tellico. That includes all of the $ that went to Carla and 2
local counsel- ie it is everything. I know that seems like a lot of $
but in this context it is a pittance. For a frame of reference, there
was recently filed by the "antis" in the 9th Cir roadless cases a motion
for atty's fees in their "winning" appeal. For the one brief they filed
and preparing for/attending argument they are seeking 89,000 in fees,
which is calculated in case you are wondering at what they deem to be
the SF market rate of $525/hour.
I am no expert on real estate prices in the locale but doubt you can buy
much for 20K. In a perfect world I'd recommend being on both sides of
this argument- ie fighting for every prvilege on public lands while
"hedging" by developing state/local govt and privately owned & managed
sites.
Regardless of the #s on the "fight for public vs buy private" issue,
many posts make the legit point that this is about big picture and
putting up a fight. Even if it is a tough cause there is value to be
gained in fighting, even if one ultimately loses. There needs to be a
message sent in the agency that the local decisionmakers at a place like
Tellico have tossed and turned more nights than not over several years,
and hope to get away ASAP to somewhere nice and quiet.
I need a new paragraph to address the related question of political
implications. Obama's approval rating is trending strongly downward.
If like me you are generally distrustful of all politicians regardless
of their party affiliation, race or country of origin, I suspect his
approval chart is comparable to W's the first 10 months in office. My
point is that the admin, with a strongly D congress, stands at a
crossroads. It is hard to say how "we" will factor in. One scenario is
that "their" faithful will demand a sacrifice, and "we" might fit the
bill. Another scenario is that they might overlook "us" in thinking
that it is not worth the effort to fight those nasty little motorheads
whose demise appeals to only a segment of the broader D power base.
RE litigation risk, yes, it is sad but undeniably true that the USFS
fears TU and SELC's lawsuit more than ours. And you'd make the same
assessment if you were in their shoes. While that is partly b/c of the
current trend toward PC and saving the planet and publicly hating all
things engine powered, a more fundamental cause is "the law" which is
stacked strongly against us. Again, to the extent one needs to
love/hate organized politicians, please note the "environmental"
statutues were conceived/passed in the late 60's early 70's, when there
were plenty of folks on both sides of the aisle in prominent positions.
From my view a classic case of what seemed like a reasonable idea gone
bad through 30+ years hindsight.
Without attempting a complete analysis, the legal arguments are tough.
In my experience, the Forest plan is a kaleidoscope they can spin to
their satisfaction- if they want to adhere to it they will claim it is
an inflexible mandate that must be followed- if they need to change it
they will (correctly) point out it is easily amended. In our comments
and other efforts we tried to get them to follow the latter approach,
which they obviously rejected. Similarly, we have some arguments about
"diverse" opportunities and balance, but in the end it is very fluid and
the FS has broad discretion.
Bottom line, we face the sisyphean task of rolling Tellico back up the
hill. I will not promise we will not be crushed under that rock. The
real question is whether we want to be known for dying under the rock on
the hillside, or walking away from it before it ever moved. And
sticking with that analogy, walking away might make the rock bigger and
the hill steeper the next time around. Thanks, Paul.
Paul A. Turcke
Moore Smith Buxton & Turcke, Chartered
950 West Bannock, Suite 520
Boise, Idaho 83702
Phone: 208-331-1807
Fax: 208-331-1202
pat@msbtlaw.com
Please read the summary from Paul Turcke concerning the Upper Tellico
issue and Rescue Tellico effort. Paul is the attorney for the Blue
Ribbon Coalition helping representing us in this issue. I believe Paul
has addressed areas of concern that have been expressed and lays it on
the line that it is a tough battle but one that has to be fought.
Thanks again for hanging in there and supporting this effort. We are
working to make the best decisions possible and do the right things as
we move forward.
Gary Parsons
President
Southern Four Wheel Drive Association
Hello All- I have reviewed these threads, and the emails in reply
posted before now (9:28 EDT 10/27). I will try to summarize.
First, I want to say that I was pleasantly surprised by the postings. I
expected mostly complaining and ignorant comments, but can say I found a
kernel of wisdom in almost every post. That is not to say there were
some "duds" surrounding the kernel(s).
RE the appeal process vs going to court, as several folks alluded to and
I think you all know, you cannot run straight to court at this stage of
the game. While there is a technical (minimal) chance of cobbling
together some exception to the basic jurisdictional rules (primarily
exhaustion of admin remedies) tactically it would make no sense to try -
ie it sends the wrong messag to the Court, that we don't really know the
groundrules and are a bunch of pissed off wheelers. While that might
resonate with some element of the members it is our job to make them
better understand that sending such a message just gets you a "comic
relief" label with the judge and more marshals on duty at the federal
courthouse.
RE the comments ala "I've wasted my $" and "we could just go buy private
ground" according to my #s our firm has billed BRC a total of $17,891
total for Tellico. That includes all of the $ that went to Carla and 2
local counsel- ie it is everything. I know that seems like a lot of $
but in this context it is a pittance. For a frame of reference, there
was recently filed by the "antis" in the 9th Cir roadless cases a motion
for atty's fees in their "winning" appeal. For the one brief they filed
and preparing for/attending argument they are seeking 89,000 in fees,
which is calculated in case you are wondering at what they deem to be
the SF market rate of $525/hour.
I am no expert on real estate prices in the locale but doubt you can buy
much for 20K. In a perfect world I'd recommend being on both sides of
this argument- ie fighting for every prvilege on public lands while
"hedging" by developing state/local govt and privately owned & managed
sites.
Regardless of the #s on the "fight for public vs buy private" issue,
many posts make the legit point that this is about big picture and
putting up a fight. Even if it is a tough cause there is value to be
gained in fighting, even if one ultimately loses. There needs to be a
message sent in the agency that the local decisionmakers at a place like
Tellico have tossed and turned more nights than not over several years,
and hope to get away ASAP to somewhere nice and quiet.
I need a new paragraph to address the related question of political
implications. Obama's approval rating is trending strongly downward.
If like me you are generally distrustful of all politicians regardless
of their party affiliation, race or country of origin, I suspect his
approval chart is comparable to W's the first 10 months in office. My
point is that the admin, with a strongly D congress, stands at a
crossroads. It is hard to say how "we" will factor in. One scenario is
that "their" faithful will demand a sacrifice, and "we" might fit the
bill. Another scenario is that they might overlook "us" in thinking
that it is not worth the effort to fight those nasty little motorheads
whose demise appeals to only a segment of the broader D power base.
RE litigation risk, yes, it is sad but undeniably true that the USFS
fears TU and SELC's lawsuit more than ours. And you'd make the same
assessment if you were in their shoes. While that is partly b/c of the
current trend toward PC and saving the planet and publicly hating all
things engine powered, a more fundamental cause is "the law" which is
stacked strongly against us. Again, to the extent one needs to
love/hate organized politicians, please note the "environmental"
statutues were conceived/passed in the late 60's early 70's, when there
were plenty of folks on both sides of the aisle in prominent positions.
From my view a classic case of what seemed like a reasonable idea gone
bad through 30+ years hindsight.
Without attempting a complete analysis, the legal arguments are tough.
In my experience, the Forest plan is a kaleidoscope they can spin to
their satisfaction- if they want to adhere to it they will claim it is
an inflexible mandate that must be followed- if they need to change it
they will (correctly) point out it is easily amended. In our comments
and other efforts we tried to get them to follow the latter approach,
which they obviously rejected. Similarly, we have some arguments about
"diverse" opportunities and balance, but in the end it is very fluid and
the FS has broad discretion.
Bottom line, we face the sisyphean task of rolling Tellico back up the
hill. I will not promise we will not be crushed under that rock. The
real question is whether we want to be known for dying under the rock on
the hillside, or walking away from it before it ever moved. And
sticking with that analogy, walking away might make the rock bigger and
the hill steeper the next time around. Thanks, Paul.
Paul A. Turcke
Moore Smith Buxton & Turcke, Chartered
950 West Bannock, Suite 520
Boise, Idaho 83702
Phone: 208-331-1807
Fax: 208-331-1202
pat@msbtlaw.com
- Thread starter
- #37
We filed our appeal to the closure order, it is 20 pages plus attachments, here is a link to the document:
http://www.sfwda.org/forum/uploads/5/Tellico_215_appeal_11-30-09.pdf
http://www.sfwda.org/forum/uploads/5/Tellico_215_appeal_11-30-09.pdf
Last edited:
- Thread starter
- #38
Posted a link that works.
- Thread starter
- #39
Tellico Appeals Update 12_22_2009
As recently reported to you, we are progressing through the appeals process with the Forest Service on the final decision on Tellico. To date, we are aware of two additional appeals that have been filed in addition to the joint appeal filed by SFWDA, BRC, and UFWDA. The two additional appeals were filed independently by Billy Harton, and an appeal filed jointly by Flint Holbrook and Gene McCall.
The SFWDA, BRC, UFWDA appeal can be seen online at this link: Index of /tellico1209
The next step in the administrative process is that each appeal goes through what is called “informal disposition,” in which a designated employee of the Forest service offers to meet with the person who filed the appeal to attempt to resolve/dispose of the appeal. At this point, each of the appellants has either gone through the “informal disposition” stage or is in the process of doing so. We will keep you informed as to whether or not any significant decisions or progress is made during the discussions.
If the specific appeal points cannot be disposed of in this fashion, then it goes to an appeals review officer designated by the FS to review and recommend the appropriate action to the FS official responsible for deciding the appeal (also designated by the FS.) Based on the appeals closing date, the FS has 45 days for the appeals deciding officer to make a final determination. That final determination could include everything from upholding the original decision to any number of options for remanding the decision or decision points.
Beyond that and depending on what is decided in the appeals process, we will keep you informed on what our next steps will be. The close of the appeals process in mid-January triggers the end of the steps that can be taken administratively to deal with this adverse decision to close. The next steps will need to include pursuit of a legal solution.
Dealing with the administrative side of the NEPA process is arduous, but necessary. Trust us when we say this is frustrating and we appreciate the ongoing support of our efforts.
As recently reported to you, we are progressing through the appeals process with the Forest Service on the final decision on Tellico. To date, we are aware of two additional appeals that have been filed in addition to the joint appeal filed by SFWDA, BRC, and UFWDA. The two additional appeals were filed independently by Billy Harton, and an appeal filed jointly by Flint Holbrook and Gene McCall.
The SFWDA, BRC, UFWDA appeal can be seen online at this link: Index of /tellico1209
The next step in the administrative process is that each appeal goes through what is called “informal disposition,” in which a designated employee of the Forest service offers to meet with the person who filed the appeal to attempt to resolve/dispose of the appeal. At this point, each of the appellants has either gone through the “informal disposition” stage or is in the process of doing so. We will keep you informed as to whether or not any significant decisions or progress is made during the discussions.
If the specific appeal points cannot be disposed of in this fashion, then it goes to an appeals review officer designated by the FS to review and recommend the appropriate action to the FS official responsible for deciding the appeal (also designated by the FS.) Based on the appeals closing date, the FS has 45 days for the appeals deciding officer to make a final determination. That final determination could include everything from upholding the original decision to any number of options for remanding the decision or decision points.
Beyond that and depending on what is decided in the appeals process, we will keep you informed on what our next steps will be. The close of the appeals process in mid-January triggers the end of the steps that can be taken administratively to deal with this adverse decision to close. The next steps will need to include pursuit of a legal solution.
Dealing with the administrative side of the NEPA process is arduous, but necessary. Trust us when we say this is frustrating and we appreciate the ongoing support of our efforts.
So what now?