RSHARPfzj80
Appalachia Cruisers
DSLTOY said:
Any new updates Roger?????
Tellico Up Date
- Thread starter DSLTOY
- Start date
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Any new updates Roger?????
- Thread starter
- #62
Waiting for Judge and lawyers to work out a court date, expect it to be in May or June.
RSHARPfzj80
Appalachia Cruisers
DSLTOY said:
Just wondering!! Thanks for the updates
mudnyreye
Walkin' thru raindrops
Can you possibly imagine the condition of the Tellico trail system after this amount of time? I think that I will go and see. They can't stop a hiker, right?
You can hike in if you want to they wont stop you but you wont find a "trail system" anymore. They used the money they didnt have to fix the trails to pay a company to remove them! If you do go please take some pics a post them im sure a lot of people would like to see what it looks like now.
There is a very sad thread on Pirate with pictures that someone hiked in and took. A lot of the trails have been graded like they are going to be paved and there are several fancy stone bridges like you would find in a high end subdivision. Apparently one of the higher ups at Trout Unlimited owns some land that he would like to develop next to the Tellico land.
- Thread starter
- #67
The bridge you are talking about is on what use to be trail 1/ FS road 420, they are redoing the switch backs and paving the high maintenance sections of the FS road, this was planned before they closed Tellico, and as usual the guys on pirate have it wrong.
This article reminded me of how things went down with Tellico...unilateral, uneducated decision of a single office, due process be damned.
...the EPA official who resigned in disgrace this week, was no outlier among the Obama administration's regulators...
...the EPA official who resigned in disgrace this week, was no outlier among the Obama administration's regulators...
**** like that makes me wish they would secede from the union and reform the CSA or some other new country where common sense and hard work were traits to value, not legislate into oblivion. The last 4 years have truly been a low point for this country, but I can't complain too much, when you give people with a direct conflict of interest the right to vote what do you expect. I mean how often do people vote to raise taxes when given the choice. When over half the country doesn't pay taxes and most of them get "credits" that give them my tax money for being a dead weight hanging around the neck of this country, why would you vote for someone who wants to balance the budget and reign in wasteful entitlement programs.
A guy I work with whose father was in WW II made a sobering comment to me one day, he said "If we had to fight WW II today, we'd lose. The media wouldn't let us win." Anyone who knows anything about history knows he is right. Back then they did what it took, whatever the cost. Now it is all about being PC and not hurting anybody's feelings. **** happens, learn from it and go on.
*gets off the soapbox*
Sorry I musta needed to get that off my chest.
A guy I work with whose father was in WW II made a sobering comment to me one day, he said "If we had to fight WW II today, we'd lose. The media wouldn't let us win." Anyone who knows anything about history knows he is right. Back then they did what it took, whatever the cost. Now it is all about being PC and not hurting anybody's feelings. **** happens, learn from it and go on.
*gets off the soapbox*
Sorry I musta needed to get that off my chest.
- Thread starter
- #70
The court hearing date has been set for Aug. 23 at 2 PM at the Federal district court in Bryson City, NC.
- Thread starter
- #71
A hearing date certain has been set for SFWDA vs. FS on the Tellico OHV area.
A hearing will be held at 2 PM in Courtroom 50 Main Street, Bryson City, NC 28713 before Judge Martin Reidinger. You can view the calendar here NCWD Court Calendar. This is your money at work (your tax dollars supporting the FS and your after tax goodwill contributions to SFWDA, BRC, UFWDA). It is a public process. You are welcome to attend and encouraged to attend. It is fine to wear identifying attire that you are a supporter of off road driving (i.e club logos). Remember, you must be respectful of the Court and the process. You will not be allowed to speak during the proceedings. Just your presence in the court room will be enough. It will give you an opportunity to see our system at work. It is very important that we do not do anything that will reflect badly on our sport. I think it will be a testament to our resolve and perseverance to have as many of us as can participate to be there in person.
It appears the Judge has set aside the entire afternoon for the case. This means he may allow each side an hour to present. The FS and intervenors most likely will share the time allocated. SFWDA will present first, the FS and intervenors will present second, then most likely SFWDA will have a few minutes for rebuttal. Remember only the respective lawyers will present.
Please be reminded that it is very unlikely that a decision will be rendered on August 23rd. You will most likely be disappointed if you attend expecting to hear a decision. The decision will usually take 30 to 90 days. It may be in our best interest that the Judge take his time to consider everything in the case. Also, remember that any decision can be appealed by the opposing side.
Please re-post this information on other 4x4 boards and forums to help spread the word.
I look forward to seeing you on the 23rd in Bryson City, NC.
Thank you for your support.
A hearing will be held at 2 PM in Courtroom 50 Main Street, Bryson City, NC 28713 before Judge Martin Reidinger. You can view the calendar here NCWD Court Calendar. This is your money at work (your tax dollars supporting the FS and your after tax goodwill contributions to SFWDA, BRC, UFWDA). It is a public process. You are welcome to attend and encouraged to attend. It is fine to wear identifying attire that you are a supporter of off road driving (i.e club logos). Remember, you must be respectful of the Court and the process. You will not be allowed to speak during the proceedings. Just your presence in the court room will be enough. It will give you an opportunity to see our system at work. It is very important that we do not do anything that will reflect badly on our sport. I think it will be a testament to our resolve and perseverance to have as many of us as can participate to be there in person.
It appears the Judge has set aside the entire afternoon for the case. This means he may allow each side an hour to present. The FS and intervenors most likely will share the time allocated. SFWDA will present first, the FS and intervenors will present second, then most likely SFWDA will have a few minutes for rebuttal. Remember only the respective lawyers will present.
Please be reminded that it is very unlikely that a decision will be rendered on August 23rd. You will most likely be disappointed if you attend expecting to hear a decision. The decision will usually take 30 to 90 days. It may be in our best interest that the Judge take his time to consider everything in the case. Also, remember that any decision can be appealed by the opposing side.
Please re-post this information on other 4x4 boards and forums to help spread the word.
I look forward to seeing you on the 23rd in Bryson City, NC.
Thank you for your support.
- Thread starter
- #72
Hearing was yesterday, Judge said he would try to have a ruling in 30 Days.
DSLTOY said:
So how do you think it went?
- Thread starter
- #74
Not sure, Judge seemed to be leaning our way but other side did a good job of stretching the truth past the breaking point, just hope the Judge realizes it.
So it is in deliberation or ??
- Thread starter
- #76
Yes the judge was the briefs and heard oral arguments.
Hate this. http://wlos.com/template/inews_wire/wires.regional.nc/264a2785-www.wlos.com.shtml
US judge upholds closure of NC off-road rec area
September 20, 2012 20:56 GMT
ASHEVILLE, N.C. (AP) -- A federal judge has upheld a decision by the U.S. Forest Service to close the Upper Tellico Off-Road Vehicle Recreation Area in the Nantahala National Forest due to erosion and environmental damage.
A coalition of three national off-road vehicle associations sued the forest service following the 2009 decision to close the popular recreation area's trails to motorized vehicles.
U.S. District Court Judge Martin Reidinger issued an order Wednesday. In it, he agreed with the federal government's assessment that frequent use of the area's 39 miles of trail damaged water quality in the Tellico River and its tributaries through sediment runoff, harming the native trout population.
Following the 2009 closure, officials said trout and other species are returning. The recreation area is still available for fishing, hiking and hunting.
US judge upholds closure of NC off-road rec area
September 20, 2012 20:56 GMT
ASHEVILLE, N.C. (AP) -- A federal judge has upheld a decision by the U.S. Forest Service to close the Upper Tellico Off-Road Vehicle Recreation Area in the Nantahala National Forest due to erosion and environmental damage.
A coalition of three national off-road vehicle associations sued the forest service following the 2009 decision to close the popular recreation area's trails to motorized vehicles.
U.S. District Court Judge Martin Reidinger issued an order Wednesday. In it, he agreed with the federal government's assessment that frequent use of the area's 39 miles of trail damaged water quality in the Tellico River and its tributaries through sediment runoff, harming the native trout population.
Following the 2009 closure, officials said trout and other species are returning. The recreation area is still available for fishing, hiking and hunting.
Well that sucks.
Thanks to Roger and everyone else that helped and donated. At least someone tried to do something about it.
- Thread starter
- #79
SOUTHERN FOUR WHEEL DRIVE ASSOCIATIONUNITED FOUR WHEEL DRIVE ASSOCIATIONSBLUERIBBON COALITION, INC.MEDIA RELEASEFOR IMMEDIATE RELEASEContacts:
Paul Turcke 208-331-1807Greg Mumm208-244-2112Roger Theurer931-841-0672David Borum865-310-3270L
EGAL EFFORTS TO SAVE TELLICO FALL SHORT ASHEVILLE, NC (September 21, 2012) -- The United States effectively walked away from its substan-tial investment in a sizable portion of the Nantahala National Forest as a result of a recent ruling in theU.S. Western District of North Carolina rejecting four-wheel drive enthusiast efforts to re-open someportion of the Upper Tellico OHV System. The ruling, issued on September 19, came in a lawsuit filedby Southern Four Wheel Drive Association, United Four Wheel Drive Associations, and BlueRibbonCoalition. The suit contended the U.S. Forest Service overlooked required procedures and otherwiseacted illegally in closing the 39 miles of trail in the System to motorized access.The Court ruled against the enthusiast organizations, the Court ultimately concluded “[t]he decision of theForest Service was not arbitrary, capricious, or an abuse of discretion, and it was in accordance with thelaw. Having conducted ‘a searching and careful, but ultimately narrow and highly deferential inquiry,’theCourt concludes that the Forest Service followed the proper procedures and that there is a rational basisfor its decision.” The System represented the remnants of a network of former logging roads and skidtrails purchased by the United States in 1980 and officially opened as a “high challenge” area in 1986.
Page 2
“We are obviously disappointed by this result, but knew that we faced long odds in this case” said RogerTheurer, Past President of Southern Four Wheel Drive Association. “We realize the agency has broaddiscretion, but are incredibly frustrated that they exercised that discretion to walk away from rather thanfind an effective management solution for the System. It should concern more than just four-wheelerswhen the federal agency would rather run for cover in the courts than craft a solution on the ground,”Theurer observed.The System was located in a remote and difficult to access portion of the Forest which historically re-ceived little attention other than from the four-wheel drive community, who came to attach iconic signif-icance to the Tellico System. As part of the closure decision, a Forest Service contractor has obliteratedthe former trails and left a maze of boulders and fallen trees in their place, making the former routes in-accessible to all but the most determined hiker.“We released an update to our enthusiasts during this case called ‘Tellico – Alamo’which today seemssadly prescient” stated Greg Mumm, BlueRibbon Executive Director. “Within and beyond our landmanaging agencies exist strong opponents to meaningful human access and recreation, and we would bewise to learn from Tellico and heed their next project,” Mumm concluded.# # # The BlueRibbon Coalition is a national recreation group that champions responsible use of public and privatelands, and encourages individual environmental stewardship. It represents over 10,000 individual members and1,200 organization and business members, for a combined total of over 600,000 recreationists nationwide. 1-800-258-3742. www.sharetrails.orgUnited 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 re-sponsible land use and safe vehicle operation, and protection of our natural resources through conservation prac-tices. 1-800-448-3932. www.ufwda.orgSouthern Four Wheel Drive Association (SFWDA) was founded in 1987 to promote responsible land use and tokeep public lands accessible for motorized recreation. For more information on the activities and accomplish-ments of Southern Four Wheel Drive Association, please visit www.sfwda.org.
Paul Turcke 208-331-1807Greg Mumm208-244-2112Roger Theurer931-841-0672David Borum865-310-3270L
EGAL EFFORTS TO SAVE TELLICO FALL SHORT ASHEVILLE, NC (September 21, 2012) -- The United States effectively walked away from its substan-tial investment in a sizable portion of the Nantahala National Forest as a result of a recent ruling in theU.S. Western District of North Carolina rejecting four-wheel drive enthusiast efforts to re-open someportion of the Upper Tellico OHV System. The ruling, issued on September 19, came in a lawsuit filedby Southern Four Wheel Drive Association, United Four Wheel Drive Associations, and BlueRibbonCoalition. The suit contended the U.S. Forest Service overlooked required procedures and otherwiseacted illegally in closing the 39 miles of trail in the System to motorized access.The Court ruled against the enthusiast organizations, the Court ultimately concluded “[t]he decision of theForest Service was not arbitrary, capricious, or an abuse of discretion, and it was in accordance with thelaw. Having conducted ‘a searching and careful, but ultimately narrow and highly deferential inquiry,’theCourt concludes that the Forest Service followed the proper procedures and that there is a rational basisfor its decision.” The System represented the remnants of a network of former logging roads and skidtrails purchased by the United States in 1980 and officially opened as a “high challenge” area in 1986.
Page 2
“We are obviously disappointed by this result, but knew that we faced long odds in this case” said RogerTheurer, Past President of Southern Four Wheel Drive Association. “We realize the agency has broaddiscretion, but are incredibly frustrated that they exercised that discretion to walk away from rather thanfind an effective management solution for the System. It should concern more than just four-wheelerswhen the federal agency would rather run for cover in the courts than craft a solution on the ground,”Theurer observed.The System was located in a remote and difficult to access portion of the Forest which historically re-ceived little attention other than from the four-wheel drive community, who came to attach iconic signif-icance to the Tellico System. As part of the closure decision, a Forest Service contractor has obliteratedthe former trails and left a maze of boulders and fallen trees in their place, making the former routes in-accessible to all but the most determined hiker.“We released an update to our enthusiasts during this case called ‘Tellico – Alamo’which today seemssadly prescient” stated Greg Mumm, BlueRibbon Executive Director. “Within and beyond our landmanaging agencies exist strong opponents to meaningful human access and recreation, and we would bewise to learn from Tellico and heed their next project,” Mumm concluded.# # # The BlueRibbon Coalition is a national recreation group that champions responsible use of public and privatelands, and encourages individual environmental stewardship. It represents over 10,000 individual members and1,200 organization and business members, for a combined total of over 600,000 recreationists nationwide. 1-800-258-3742. www.sharetrails.orgUnited 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 re-sponsible land use and safe vehicle operation, and protection of our natural resources through conservation prac-tices. 1-800-448-3932. www.ufwda.orgSouthern Four Wheel Drive Association (SFWDA) was founded in 1987 to promote responsible land use and tokeep public lands accessible for motorized recreation. For more information on the activities and accomplish-ments of Southern Four Wheel Drive Association, please visit www.sfwda.org.
Well, it was worth the effort. Thanks for fighting the good fight to all who participated.
Is there talk of an appeal?
Sent from my thing with Woody's junk.
Is there talk of an appeal?
Sent from my thing with Woody's junk.