Tellico appeal (1 Viewer)

[4WD School]

Attached is the Tellico trail closure appeal filed by the Southern 4WD Association, United 4WD Associations, and Blueribbon Coalition.
The Forest Service has 45 days to respond.

 

[TeddyBoy]

Go get 'em Dave!!

 

[HENDOG]

Read the whole thing and I couldn't have said it better myself!!! Thanks guys for all your hard work.

 

[4WD School]

Thanks. We're trying.

 

[mpeagan]

Excellent analysis of all of the issues. I found the logic very compelling and those areas touched upon very revealing. One aspect of the trout issue I have not fully reconciled with is that the SABT is elevation dependant and restricted by instream bariers. They should be found, if present, above Fains Ford only. Therefore, any impacts to this species should be above Fains Ford and impacts to stocked trout may occur below Fains Ford. However, the fishery below is a put and take fishery, so impacts aside this will be forever a fluctuating fishery.

Any way, great response.

 

[DSLTOY]

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.

 

[LDowney]

Tellico Appeals Update 12_22_2009

...

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.

...

Roger,
In the appeals process, are the Forest Service representatives that hear the appeal local? (i.e., Are they on Marisue's staff and need to be an advocate for her decision? Or is it a true attempt at a non-advocate review within the FS?)

Thanks

 

[4WD School]

Region 8

Larry, The appeals will be reviewed by an appointed Forest Service person at the Region 8 office in downtown Atlanta.

 

[LDowney]

Larry, The appeals will be reviewed by an appointed Forest Service person at the Region 8 office in downtown Atlanta.

Thanks Dave. With it being Atlanta, I will assume that the appointed FS reviewer will be an advocate for Southern Environmental Law.

 

[4WD School]

Possibly. Based on my conversations, I believe that most everyone in the Atlanta office is aware of the Tellico case.

Marisue used to work there as a litigation expert.

Hilliard began her career as an intern in the D.C. headquarters of the agency. She has held a number of positions in the South including District Ranger in Alabama, appeals/litigation specialist in the Atlanta Regional Office, and Deputy Forest Supervisor for the Chattahoochee-Oconee National Forest in Georgia.

While working in the South, she led a team to complete assessments of wildlife and forest health for the Southern Appalachian national forests which have been foundational to the revision of their land management plans. Hilliard, a graduate of the University of Georgia, holds a BS in Forestry and Wildlife Management and a MS in Forestry.

Greg Mumm with the BlueRibbon Coalition has visited the Forest Service in Washington, D.C. and they were aware of the case and had reviewed it.

All levels of the Forest Service seem to be lined up and in agreement.