Tellico Up Date (1 Viewer)

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This is a statement from Blueribbon Coalition lawyer Paul Turke dated 2-17-10:

"The BlueRibbon Legal Team, in conjunction with Rescue Tellico and other interested parties, is in the process of implementing a multi-faceted response to the Forest Service appeal decisions dated January 15, 2010. These decisions affirmed the Forest Supervisor's decision to continue closure of the Upper Tellico OHV Area to meaningful vehicle use. Federal court litigation, particularly in this setting, requires experienced counsel and other professional staff able to create or take advantage of unique circumstances to allow for any likelihood of success. Such a challenge will be heard not in a court of opinion, fairness, or even justice, but one of law. These steps cannot be properly taken in the heat of the moment, and we ask for the understanding and patience of our supporters as we proceed in this important effort."

SFWDA and the Rescue Tellico Committee are proud of the efficiency of our legal effort and what we have done with limited resources. Any future success at Tellico will require further support from the OHV community and others implicated by the Tellico closure. To assist these efforts, you may make a contribution which will be fully dedicated to project Rescue Tellico via the following portals: Rescue Tellico Fund
 
Roger, have you seen this?


you and I must be in the same business, since we log onto the FBO site regularly at my office. Good catch on this...downloading docs now and will read through them. For those that don't know, FBO.gov is the website used to bid on any Federally funded contract (from purchasing batteries for flashlights to major construction projects). The link Brian put above is for a Federal contract to "obliterate" the trails of Tellico OHV system.


[edit] just scanning through the drawing set and it appears bad. I cannot say definitively without reading all the specs but they are resculpting sections of each trail where there is a culvert and taking the "road" away. I'm attaching a sample page of the drawing set. You can see a cross section in the inset drawing of what they want to do at each culvert.
 

Attachments

  • Page10 from Exhibit_1_-_Drawings.pdf
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This looks very bad for the efforts to reopen the trails.:bang:

I sure hope that lawsuit is filed.
 
if i had to guess... Since they're taking bids from contractors that it would be a good sign that there is not much of a chance of the trails opening again anytime soon...:frown:
 
Southern is working hard on Tellico, the legal system is slow and we can not discuss what we are working on but will provide releases as action is taken.
 
RECREATIONAL GROUPS TAKE NEXT STEPS TO SAVE TELLICO

May 7, 2010

Organizations dedicated to active recreation management today announced their latest efforts to save access to the Upper Tellico OHV System. The Southern Four Wheel Drive Association, United Four Wheel Drive Association, and BlueRibbon Coalition filed a NOI, Notice of Intent to sue, with various federal agencies outlining possible claims under the Clean Water Act. The claims target the U.S. Forest Service decision dated October 14, 2009, to close the Tellico trails to motorized travel. The organizations filed administrative appeals from the decision, which were denied on January 15, 2010.

“The agency’s actions do not surprise us, but are cause for deep concern,” said Roger Theurer, President of the Southern Four Wheel Drive Association. “It is apparent the Forest Service has disavowed any interest in continuing historical, or any vehicle access to the System. We hope that our organizations have been equally clear that we will fight for reasonable and sustainable access. This is but one step in that continuing effort,” Theurer concluded.

The NOI is a jurisdictional prerequisite to a citizen’s suit under the Clean Water Act.

# # #

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: Protecting 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
 
Yes we saw it and here is our response:

TELLICO LAWSUIT FILED

May 18, 2010

The next chapter in the Save Tellico saga began today as suit was filed to stop agency efforts to eliminate long-existing routes at the Upper Tellico OHV System. The suit was filed by Southern Four Wheel Drive Association, United Four Wheel Drive Associations, and BlueRibbon Coalition in U.S. District Court for the Western District of North Carolina.

“This is a logical and necessary action in our effort to restore some form of meaningful OHV access to the System,” said Roger Theurer, President of Southern Four Wheel Drive Association. “The entire premise behind this closure- that water quality is uniquely flawed in the Tellico River- is simply untrue. We hope through this suit for an opportunity to present the full story,” Theurer concluded.

On April 19, 2010, the Forest Service posted a solicitation for bids, seeking contractors to perform various tasks to rehabilitate, obliterate, or otherwise decommission the bulk of existing roads on the OHV System. According to the complaint, routes historically used for vehicle travel may be fundamental to other forms of recreation, and possible impacts on nonmotorized recreation activities have not been analyzed by the Forest.

“We prefer to work collaboratively with the Forest to provide appropriate vehicle-based recreation opportunities in the area,” observed Greg Mumm, BlueRibbon Executive Director. “We remain committed to such prospects, but faced little option short of filing suit to preserve reasonable alternatives involving the System. These roads are literally on the verge of being removed from the landscape,” Mumm concluded.

A copy of the complaint may be viewed at: http://www.sharetrails.org/uploads/Complaint_FILED_05-18-10.pdf

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: Protecting 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
 
Glad to see this happen.... maybe a judge will set the Forest Service straight!!!
 
TELLICO UPDATE- AUGUST 24, 2010

From: Greg Mumm
Executive Director
BlueRibbon Coalition

These days, we are often asked one or both of the following questions, 1) “What is going on with the Tellico lawsuit?” and 2) Why bother with the fight there when the trails are being obliterated before the courts can decide anything?”

For those who aren’t familiar with the issues surrounding Tellico, it’s appropriate to start with a brief history. Mind you, there is more to it than what we share here—much more—but that is an emotionally charged discussion for another time.

For all intent and purpose, the Forest Service, under outside pressure of a threatened lawsuit, began the process of closing the trail system in Tellico in late 2007. It began with an emergency closure order. Following that, and arguably as a result of pressure from a legal action of our own, the Forest Service conducted formal planning that predictably resulted in a decision to permanently close the system and “rehabilitate” most of the trails.

We don’t agree with that decision. The partnership of Southern, BRC and United filed an administrative appeal, as did others, all of which were denied by the appeals deciding officer. Faced with the outcome of either quietly accepting the decision of the Forest Service to close Tellico or take legal action, we opted for the latter, and the partner groups filed the necessary 60 day notice of intent to sue under the Clean Water Act.

Ironically, as we did so, the Forest Service quickly began the process of obliterating the trails. That action on the part of the Forest Service necessitated the step of the partnership groups formally filing a separate legal action in May of 2010.

Cases like this are not simple to litigate. Nor are they quick. In fact, the proposed litigation schedule on the current case stretches into mid-July of 2011. Meantime, through their contractor, the Forest Service is continuing to obliterate the trails and the bottom line is there are only two ways to get a quicker answer from the courts: 1) a preliminary injunction, or 2) seek a solution through mediation. We debated both options and, under the advice of legal counsel, the partner groups decided to seek a solution through mediation, and with good reason.

Contrary to what many assert, obtaining an injunction is very challenging to achieve. The courts give broad deference to agency actions as long as the agency isn’t acting irrationally.

Many would rightly argue that it is the lack of rational thought in all of the Forest Service actions in Tellico that is at the core of the whole issue here. However, it is another thing altogether to convince a federal judge that, under the law, the recreation groups have or will suffer “irreparable harm.” Especially since the counter argument is simply that anything being done in Tellico now can just as easily be undone later should the judge ultimately rule in our favor.

On the other hand, choosing the mediation route, as we have, allows for “out of the box” solutions to come into play, and the potential for long-term solutions is only limited by the resolve and the creativity brought to the table. If no solution is reached, mediation also leaves the door open to put it back in the hands of the judge to decide on the merits of the case.

So, the answer to the first question is that we are going to mediation, the first session of which is scheduled for mid-September.

Which brings up the second question regarding what is there to gain through mediation or the lawsuit in Tellico, particularly once “all the trails are gone.” The fact is there is not only much to be gained, but so much more to avoid losing.

There are three primary goals that we have always had and will continue to have for the Tellico legal action:

1) Turn the corner on advocacy encouraging the Forest Service to manage FOR this type of recreation instead of FROM it
2) Establish meaningful and well managed trails in Tellico and beyond
3) Ensure confidence in the validity of the public process and agency partnerships

What is happening in Tellico won’t stay in Tellico. Frankly, we have seen this ongoing saga everywhere across the country. If we don’t draw the line here, what is going to happen with the next planning process… and the one after that? Whether you want to define it as the Agency lacking the necessary skill-sets to manage for recreation, or whether you want to call it a fear of being sued by the extreme anti-access crowd, or even just a negative OHV attitude, something has to change or we are going to continue to be steamrolled into oblivion. It is time to send a very clear message that the Forest Service can no longer play “dumb” and ignore their Congressional mandate to take an active role in managing for recreation.

Yes, we are hopeful of re-establishing meaningful and sustainable, vehicle-based, trails in Tellico and/or other areas of the Nantahala National Forest. More importantly, this case has broader national implications. There is no question that recreational access is under attack. Issues like Tellico provide an opportunity to demonstrate the resolve, effectiveness, and creativity of our advocacy effort.

We need your continued support and ask that you not listen to those who throw up their arms and walk away saying, “What’s the point? The Forest Service is going to do whatever they want anyway.” We cannot give up. Please donate to Rescue Tellico today to help protect the trails where you are. You can give that tax deductible donation quickly and securely online at Contribute to Rescue Tellico - BlueRibbon Coalition.
 
Roger,
I am probably alone in this perspective but ...
This seems like a blatant disregard of public trust by these Forest Service actions. The Forest Service has defined processes to follow to ensure that their actions are in the best interest of the entire public. These actions have violated that trust. That should be sufficent grounds for immediate legal action and dismissal of the Forest Service employees involved in these decisions ... They are my employees and I am not paying for them to flip me off.

Thanks for keeping us informed on the situation.
 
Larry I agree 100%, but to get a Forest Supervisor fired you need political support and we have been unable to generate any, Plus her actions were supported by the anti OHV regional Supervisor in Atlanta and with an anti access President they will continue.
 
TELLICO… OUR ALAMO
by Greg Mumm, BlueRibbon Coalition

From the outset, we have had three primary goals at Tellico-

1) Turning the corner on advocacy, encouraging the Forest Service to manage FOR off highway vehicle recreation rather than FROM it.
2) Establish meaningful and well managed trails in Tellico and beyond.
3) Ensure confidence in the validity of the public process and agency partnerships.

Sadly, we now face little choice but to draw a line in the sand at Tellico. And we fear it isn’t just about Tellico. At a broader scale, the Forest Service seems to view the OHV community as the “path of least resistance.” We thought this day had passed, and hoped that we could take to heart the agency’s acclamations of support and encouragement to the OHV community. For whatever reason, they didn’t get the memo at Tellico. In that respect, Tellico is our Alamo. Sadly, again we have seen recreational access pay a price to the agency’s fear of litigation from deep-pocketed extremist groups bent on the removal of OHV recreation from all public lands. If we don’t fight this fight here—win, lose, or draw—one cannot help but ask the question of, “What’s next? What is going to happen in the Uwharrie planning process? Or, Beasley Knob?”

At Tellico we diligently participated during the administrative planning process to present workable, science-based, management solutions to all of the challenges that were posed. This effort fell on deaf ears and the decision left behind a devastating impact not only on trail access, but on the local economy as well.

Faced with the prospects of either quietly accepting the wrongful closure of the Tellico system or the legal process, we took legal action and now find ourselves “in the courts” trying to right the wrong. This is a difficult course of action. Federal lands cases like this are about litigating the process. It isn’t like “normal” litigation involving discovery, depositions, and trials. Nor is success measured by the “scales of justice” where one need only prevail by a “preponderance of evidence.” Here, there is a very narrow procedural box within which we must work to demonstrate an “arbitrary and capricious” decision to a single judge. Moreover, typically the courts provide broad deference to the agencies in such cases.

But, we are resolute, and in that legal effort, we pushed for and achieved the opportunity to discuss reasonable and workable solutions through mediation. In September, we met with representatives of the Forest Service, government attorneys, and the SELC intervenors (including Wild South and Trout Unlimited) in the first mediation meeting. Through a third party professional mediator, we presented potential avenues to productively and collaboratively find a workable resolution on the ground instead of in the courtroom. Unfortunately, we were again disappointed.

In a “one last effort” at offering the Forest Service a productive resolution to this legal action, we have since followed up by sending a letter presenting four potential areas where a meaningful trail system could be established or broadened as a displacement for the lost trails in Tellico. At the time of mailing this to you, we are still awaiting the response from the Forest Service on our letter.

They didn’t want the fight at the Alamo either. I have spent long hours on this issue, riding with enthusiasts around our country, attending regional and local club meetings, listening at campfires at events like the recent Dixie Run. The message I’m hearing is that the OHV community knows the long odds in the Tellico case, and is committed to standing up to the challenge. Make no mistake, contrary to what the Forest Service hoped, we are not going away. The partner groups are unwavering in their resolve to continue to take whatever steps are necessary to see that the right thing is done on behalf of recreational access and those so drastically affected by this travesty surrounding the decision to close Tellico—in or out of the courts.

You can help. We can’t do it without your help. Please make a donation today to the Rescue Tellico effort, either on the enclosed return flyer or by visiting our website at Southern 4WD Association and click on the rescue Tellico link.
 
Kendall Flint Holbrook 5:13am Dec 15
The Tellico case is moving forward. SFWDA and it's attorneys are expecting a hearing date to be assigned by the Court any day. The Hearing date appears to be imminent. We anticipate that the Hearing will be held in a Courthouse somewhere in Western North Carolina.

These cases are unique and complicated. Generally, they are administrative in nature. Therefore, we anticipate this Hearing will consist of Lawyer presented arguments to a Judge. This is not a trial. However, we believe it is a positive sign that the Court wants to hear from the Party's in the case and not simply rely on the briefs.

Stay tuned as we now begin to see the fruits of all the effort that has been put forth. As soon as the venue and the date certain for the Hearing is available and known I will post the information.

SFWDA and I appreciate your patience and support to date. As we move forward it will be extremely important that we support this action through the process.

Merry Christmas and Happy New Year!

Until i have more to report......Flint
 

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