Remember in November!!!
Tellico decision
- Thread starter CandyPants
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Tellico. There is a proven lawful administrative remedy (there is a huge difference between legal and lawful) that does not involve courts or writing letters or going to meetings or signing petitions or any of that nonsense and it cannot be beaten. The problem is that the lawyers have a god complex. So if they have never seen it or dont understand it, it cant possibly be a solution.
I am not bashing what was done, because I wrote letters and sent emails and made phone calls too, but they did nothing in this situation and many other like it (Anderson Creek comes to mind along with numerous trails all over the country that have seen the same fate).
The problem is that the people making these decisions are not accountable or responsible for their actions and there is no basis for their actions. They dont have the authority or right to do what they are doing, yet they completely ignore letters, phone calls, meetings, surveys, reports and environmental studies with impunity. When they do that and close trails, people throw up their hands and say oh well, we lost again. No one bothers to look back and see why you lost another trail.
The people behind the closing of the trails work circles around us in funding and organisation, but even that cannot beat administrative remedy. I went through this with Heather and she took it to Carla Buscher, who declined to implement it as a strategy. Again, no accountability...
It can still be implemented even at this late date, maybe this is far enough along for people to realise that the system they are using is doomed to fail and they need to look at other options.
Jon
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Southeast Overland
Get lost! Go explore!
IT is a counterclaim as I said. An answer to their suit, action, ticket or whatever the case may be. A counterclaim cannot be dismissed when brought in a certain manner. I dont want to get into a course on law here, but suffice it to say, I have used it personally and know quite a few others who have used it and it works every time, without fail. The process takes about 3 months to complete if there is not a settlement along the way. At that time, the other party is completely in default and they have a multi- billion dollar maritime administrative lien against them that can only be removed by whomever filed the counterclaim against them to begin with.
One must have proper standing in order to bring this counter claim, not just anyone can, along with knowing how to write the document correctly, understanding the process, etc. It is not rocket science, but requires more than a cursory examination to understand as well. It has been reviewed by state and federal judges, as well as practising and retired attorneys and no one has found a way around it yet. Judges will try to dismiss it, clerks may take it off the record or the calendar, but it absolutely cannot be beaten.
I am not an attorney or a lawyer and this is not legal advise.
Jon
One must have proper standing in order to bring this counter claim, not just anyone can, along with knowing how to write the document correctly, understanding the process, etc. It is not rocket science, but requires more than a cursory examination to understand as well. It has been reviewed by state and federal judges, as well as practising and retired attorneys and no one has found a way around it yet. Judges will try to dismiss it, clerks may take it off the record or the calendar, but it absolutely cannot be beaten.
I am not an attorney or a lawyer and this is not legal advise.
Jon
I'm gunna be sick.
To quote a friend, I think he sums up the sentiment we all are feeling right now.
Recreational groups take next step to save tellico
RECREATIONAL GROUPS TAKE NEXT STEP TO SAVE TELLICO
POCATELLO , ID (May 7)--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 Associations, and the BlueRibbon Coalition filed a 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 Notice of Intent (NOI) is a jurisdictional prerequisite to a citizen's suit under the Clean Water Act.
View NOI here: http://www.sharetrails.org/uploads/NOI_Final_05-03-10.pdf # # #
RECREATIONAL GROUPS TAKE NEXT STEP TO SAVE TELLICO
POCATELLO , ID (May 7)--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 Associations, and the BlueRibbon Coalition filed a 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 Notice of Intent (NOI) is a jurisdictional prerequisite to a citizen's suit under the Clean Water Act.
View NOI here: http://www.sharetrails.org/uploads/NOI_Final_05-03-10.pdf # # #
Take up thy sword and pen!!!
Folks its time to fight for what is rightfully ours-"We the People". Now get involved!!!
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NOI
What a wonderfully written and clear NOI. Fantastic job, now if we can only get the powers that be to un-wed themselves from SEL and TU we might begin a real conversation on how to maintain and improve the area.
What a wonderfully written and clear NOI. Fantastic job, now if we can only get the powers that be to un-wed themselves from SEL and TU we might begin a real conversation on how to maintain and improve the area.