Latest Update:
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LAWSUIT UPDATE #8
July 21, 2014
NMOHVA's Day in Court
WHAT HAPPENED IN FEDERAL COURT LAST THURSDAY: NMOHVA appeared in Federal District Court in Albuquerque on Thursday, July 17th to argue our lawsuit against the Santa Fe National Forest Travel Management decision. As you recall, our lawsuit was filed back in December of 2012. We filed our briefs on 6/10/13 (opening) and 5/1/14 (final). We have two opponents; the U.S. Forest Service (represented by Department of Justice attorneys) and the Center for Biological Diversity/Wildearth Guardians/Sierra Club (under intervener status and represented by the Western Environmental Law Center attorneys).
The federal judge assigned to the case, Judge Johnson, called for "oral arguments" to be held. A lawsuit such as ours is decided by the judge after reviewing the briefs filed by the litigants and the administrative record of the project. The hearing on Thursday was not a trial. The judge called for oral arguments so he could question the attorneys, to further clarify the case in his mind. NMOHVA appeared in court represented by our attorney Karen Budd-Falen. The session of presentations, questions, and answers lasted two and half hours.
WHAT HAPPENS NOW: Now we wait for the judge's decision. There is no deadline for a federal judge to make a decision. We expect the decision to occur in the next several months.
WHAT YOU DO NOW: You wait, with us. And you continue to support us, to bring in new members. Donations to the Access Defense Fund are still needed and important.
BE PROUD OF NMOHVA, WE ARE PROUD OF YOU: We are one of only four pro-access organizations to challenge a Forest Service travel management decision in court. That is one of only four in the entire nation! NMOHVA has stuck with this extremely difficult process through years of deadlines and frustration, meetings and formal documents. Between 2010 and 2012 we submitted comments on the Draft Environmental Impact Statement (EIS) and appealed the Final EIS and Record of Decision. We have met every single requirement. Our participation in each of those steps protected our right to file a lawsuit.
We have not forgotten, we have not given up. NMOHVA has stood strong for you. You have stood with us.
Thank you.
The Work Continues...
While we are waiting for a decision from Judge Johnson on the Santa Fe National Forest lawsuit, we are busy working on an Appeal to the Gila National Forest Travel Management decision. That decision, released by Forest Supervisor Kelly Russell on June 11, closed almost 2500 miles of existing Forest Roads to the motorized public.
NMOHVA submitted literally hundreds of pages of substantive comments on the draft Environmental Impact Statement back in 2011 challenging how the Forest Service completed the required environmental analysis. This gives NMOHVA the necessary "standing" to file an administrative appeal on the recent Travel Management Record of Decision (ROD) and Final Environmental Impact Statement (FEIS). The appeal must be filed by July 28 and then the Forest Service has 45 days to rule on the appeal. Filing this administrative appeal is a necessary step if we want to keep our options open for challenging the Gila decision in court also.
LAWSUIT UPDATE #8
July 21, 2014
STAY CONNECTED
http://campaign.r20.constantcontact...5b546&ch=dbac5a80-dfb0-11e2-81e9-d4ae5275b546
LAWSUIT UPDATE #8
July 21, 2014
NMOHVA's Day in Court
WHAT HAPPENED IN FEDERAL COURT LAST THURSDAY: NMOHVA appeared in Federal District Court in Albuquerque on Thursday, July 17th to argue our lawsuit against the Santa Fe National Forest Travel Management decision. As you recall, our lawsuit was filed back in December of 2012. We filed our briefs on 6/10/13 (opening) and 5/1/14 (final). We have two opponents; the U.S. Forest Service (represented by Department of Justice attorneys) and the Center for Biological Diversity/Wildearth Guardians/Sierra Club (under intervener status and represented by the Western Environmental Law Center attorneys).
The federal judge assigned to the case, Judge Johnson, called for "oral arguments" to be held. A lawsuit such as ours is decided by the judge after reviewing the briefs filed by the litigants and the administrative record of the project. The hearing on Thursday was not a trial. The judge called for oral arguments so he could question the attorneys, to further clarify the case in his mind. NMOHVA appeared in court represented by our attorney Karen Budd-Falen. The session of presentations, questions, and answers lasted two and half hours.
WHAT HAPPENS NOW: Now we wait for the judge's decision. There is no deadline for a federal judge to make a decision. We expect the decision to occur in the next several months.
WHAT YOU DO NOW: You wait, with us. And you continue to support us, to bring in new members. Donations to the Access Defense Fund are still needed and important.
BE PROUD OF NMOHVA, WE ARE PROUD OF YOU: We are one of only four pro-access organizations to challenge a Forest Service travel management decision in court. That is one of only four in the entire nation! NMOHVA has stuck with this extremely difficult process through years of deadlines and frustration, meetings and formal documents. Between 2010 and 2012 we submitted comments on the Draft Environmental Impact Statement (EIS) and appealed the Final EIS and Record of Decision. We have met every single requirement. Our participation in each of those steps protected our right to file a lawsuit.
We have not forgotten, we have not given up. NMOHVA has stood strong for you. You have stood with us.
Thank you.
The Work Continues...
While we are waiting for a decision from Judge Johnson on the Santa Fe National Forest lawsuit, we are busy working on an Appeal to the Gila National Forest Travel Management decision. That decision, released by Forest Supervisor Kelly Russell on June 11, closed almost 2500 miles of existing Forest Roads to the motorized public.
NMOHVA submitted literally hundreds of pages of substantive comments on the draft Environmental Impact Statement back in 2011 challenging how the Forest Service completed the required environmental analysis. This gives NMOHVA the necessary "standing" to file an administrative appeal on the recent Travel Management Record of Decision (ROD) and Final Environmental Impact Statement (FEIS). The appeal must be filed by July 28 and then the Forest Service has 45 days to rule on the appeal. Filing this administrative appeal is a necessary step if we want to keep our options open for challenging the Gila decision in court also.
LAWSUIT UPDATE #8
July 21, 2014
STAY CONNECTED