Contacts
Paul Turcke, Esq.
- Phone: (208) 331-1800
- Fax: (208) 331-1200
- Email: pat@msbtlaw.com
Date: 10/21/2010
ST. LOUIS, MO (October 21) - Recreation enthusiasts are among those celebrating the recent decision by the Eighth Circuit Court of Appeals upholding the 2004 Revised Superior National Forest Plan. Recreation advocacy groups, All Terrain Vehicle Association of Minnesota (ATVAM) and BlueRibbon Coalition (BRC), intervened in the case on the side of the Forest Service.
The lawsuit was brought in 2006 by the Sierra Club and other preservation interests, largely contending the Forest failed to sufficiently analyze potential impacts to the Boundary Waters Canoe Wilderness Area. Those claims were rejected in the U.S. District of Minnesota by District Judge Patrick J. Schiltz, who ruled in favor of the Forest Service and intervenors, concluding the agency had not acted improperly in adopting the broad prescriptions of the Revised Forest Plan. The appeal was argued on February 9, 2010, and in a decision released October 18, 2010, the Circuit Court affirmed.
"It is reassuring to see an appellate court properly recognize the role of a forest plan and follow established administrative law in deferring to the agency's exercise of discretion," observed Paul Turcke, the Boise, Idaho lawyer who represented the Recreation Groups. "Opinions about effective recreation management are as diverse as public land visitors, and none of us are entitled to substitute our vision for the agency's so long as it appropriately considered public input and rationally interpreted the record before it," Turcke concluded.
In addition to the Recreation Groups, other parties to the litigation supporting the Forest Service included the Minnesota Department of Natural Resources; Lake County, Minnesota; Minnesota Forest Industries and Minnesota Timber Producers; and the Ruffed Grouse Society.
# # #
The BlueRibbon Coalition is a national (non-profit) trail-saving group that represents over 600,000 recreationists nationwide The Combined Federal Campaign (CFC) season is beginning. Federal employees, please mark BlueRibbon Coalition and Check #11402 on your CFC pledge form to support our efforts to protect your access. Join us at 1-800-258-3742 http://www.sharetrails.org
Link
Paul Turcke, Esq.
- Phone: (208) 331-1800
- Fax: (208) 331-1200
- Email: pat@msbtlaw.com
Date: 10/21/2010
ST. LOUIS, MO (October 21) - Recreation enthusiasts are among those celebrating the recent decision by the Eighth Circuit Court of Appeals upholding the 2004 Revised Superior National Forest Plan. Recreation advocacy groups, All Terrain Vehicle Association of Minnesota (ATVAM) and BlueRibbon Coalition (BRC), intervened in the case on the side of the Forest Service.
The lawsuit was brought in 2006 by the Sierra Club and other preservation interests, largely contending the Forest failed to sufficiently analyze potential impacts to the Boundary Waters Canoe Wilderness Area. Those claims were rejected in the U.S. District of Minnesota by District Judge Patrick J. Schiltz, who ruled in favor of the Forest Service and intervenors, concluding the agency had not acted improperly in adopting the broad prescriptions of the Revised Forest Plan. The appeal was argued on February 9, 2010, and in a decision released October 18, 2010, the Circuit Court affirmed.
"It is reassuring to see an appellate court properly recognize the role of a forest plan and follow established administrative law in deferring to the agency's exercise of discretion," observed Paul Turcke, the Boise, Idaho lawyer who represented the Recreation Groups. "Opinions about effective recreation management are as diverse as public land visitors, and none of us are entitled to substitute our vision for the agency's so long as it appropriately considered public input and rationally interpreted the record before it," Turcke concluded.
In addition to the Recreation Groups, other parties to the litigation supporting the Forest Service included the Minnesota Department of Natural Resources; Lake County, Minnesota; Minnesota Forest Industries and Minnesota Timber Producers; and the Ruffed Grouse Society.
# # #
The BlueRibbon Coalition is a national (non-profit) trail-saving group that represents over 600,000 recreationists nationwide The Combined Federal Campaign (CFC) season is beginning. Federal employees, please mark BlueRibbon Coalition and Check #11402 on your CFC pledge form to support our efforts to protect your access. Join us at 1-800-258-3742 http://www.sharetrails.org
Link