UPLA Donates $70,000 to BlueRibbon Coalition
The Labyrinth Canyon/Gemini Bridges Travel Management Plan has created a lot of uncertainty. If you’d like to understand what’s happened and where we stand in Moab with the BLM’s decision to close 317 miles of trails, read on.
On September 28, Nicollee Gaddis-Wyatt, BLM Canyon Country District Manager, signed the Decision Record for the Labyrinth/Gemini Bridges Travel Management Plan (TMP) This Decision caused the closure of 317.2 miles of trails, or 28% of all trails previously open to motorized OHV. Additionally, another 98.4 miles of trails were limited closures, mostly pertaining to the type of motorized OHV on the trail, i.e. ATVs, E Bikes, mountain bikes, etc. This resulted in the closure of most of the major trails west of Moab including Day Canyon Point, Hey Joe Canyon, Mashed Potatoes, Ten Mile Canyon, Hell Roaring Canyon, Mineral Canyon, Hidden Canyon, 7-Up, and 2 of the 3 overlooks on Deadman Point. Additionally, the closures also includes many spur routes and 120 dispersed campsites being closed, which struck a hard blow to overlanders in the area and primitive campers. In addition, the plan is suggesting that additional areas be considered being managed as areas with “wilderness characteristics.” This designation will open the door to additional closures and restrictions.
This is on top of the 2008 Recreation Management Plan, which although it closed a whopping 766 miles of roads, specifically identified many of these roads as having an overriding purpose and designated them to be kept open.
The changes and closures were to become effective after the end of a 30 day appeal period.
On October 30, BlueRibbon Coalition, Patrick McKay, and Colorado Offroad Trail Defenders filed an Administrative Appeal with a Petition for Stay. This granted a window where the TMP would not go into effect until the US Department of Interior Board of Land Appeals (DOI IBLA) issued their decision, meaning that trails remained open. The State of Utah, Colorado Trail Preservation Alliance, Ride with Respect and the Offroad Business Association also filed timely appeals which are not discussed here.
On November 27, Administrative Judge Kevin Haugrud denied the Petition for Stay, meaning that the TMP was back in effect and that the 317 miles of closures are CLOSED. Although the Petition for Stay was rejected, the IBLA has still not issued their decision on the Appeal.
The denial of the Stay will allow a lawsuit to be filed in Federal Court along with injunctive relief that may restore access to the trails, BlueRibbon and the Plaintiffs are assessing their options.
In Summary:
Utah Public Lands Alliance
PO Box 833
St George, UT 84770
Be Informed and Stay Engaged!
As a result of a settlement agreement between BLM and Conserve Southwest Utah, BLM will revisit their former approval of the four lane divided 4.5 mile highway connecting the northeast and northwest sides of St George. This decision also included establishment of Zone 6 as a newly designated Desert Tortoise Habitat, shutting down many uses including OHV in that area.
BLM originally looked at 6 proposals, 2 of which included expanding existing streets in St George which were dismissed because of cost and impact on historic buildings located on the routes. Ultimately, BLM considered 4 proposals, and selected the UDOT alternative as the recommended route, which is shorter than either of the 2 other routes crossing the Red Cliffs National Conservation Area. (RCNCA)
Conserve Southwest Utah claims that placing the highway through the RCNCA will have significant environmental impact than addressed in their Decision, especially impacting the Mojave Desert Tortoise.
The 2021 BLM decision also established Zone 6 to offset habitat loss for the tortoises as a result of the highway construction for this option, resulting in losses to OHV in this area located West of Bloomington and Sun River Country Clubs. This particularly affected the loss of some trails going down to the Zion River. Reversal of the decision could restore Zone 6 for OHV and other limited purposes.
The BLM will be reconsidering 2 issues:
We Need Your Feedback to develop UPLA’s position. This decision may affect motorized OHV, Rock Climbers, Equestrians, and cyclists to name just a few. If you have experience with trails, roads, or areas that might be affected by this decision, please email us with your feedback.
Comments Close on December 21, so follow us to learn more about our conclusion and instructions for submitting comments.
Here are some additional references for more on this
Article by KUER with an overview of the action
Public Scoping Meeting Guide with Important Information
Record of Decision by BLM 2021
Record of Decision by Fish & Wildlife 2021
St. George, UT — December 5, 2023
Utah Public Lands Alliance (UPLA) is pleased to announce a significant donation of $70,000 to the BlueRibbon Coalition for their Legal Defense Fund. This generous contribution is a testament to UPLA’s unwavering commitment to preserving public lands’ accessibility for all Americans. The presentation of the donation will take place during the Utah Public Lands Alliance’s Board Meeting on December 7, 2023, at 6:00 PM. The event will be hosted at Dixie 4 Wheel Drive, located at 73 N 900 E, St. George, UT 84770.
Loren Campbell, President of Utah Public Lands Alliance, and Ben Burr, Executive Director of BlueRibbon Coalition, will be present at the event to commemorate this important occasion. The $70,000 donation is made possible through the UPLA’s initiative to match up to $50,000 in donations from a broad coalition of supporters across the United States. This collective effort highlights the shared commitment to preserving the accessibility and integrity of public lands for current and future generations.
Campbell expressed his enthusiasm about the collaboration, stating, “Preserving our public lands for responsible recreational use and ensuring accessibility is a shared responsibility. We are proud to support BlueRibbon Coalition in their efforts to defend these lands legally. The overwhelming response from supporters across the nation demonstrates the collective strength of our community in safeguarding our natural heritage.”
Ben Burr, Executive Director of BlueRibbon Coalition, added, “We are grateful for the Utah Public Lands Alliance’s dedication to the cause. This donation is one of the largest single donation ever received by BlueRibbon and will help us in our legal fight to continue advocating for the responsible use of public lands. The support from UPLA and their broad coalition of donors is instrumental in our efforts to protect these lands for everyone.”
The presentation event will provide an opportunity for both organizations to express their gratitude to supporters and showcase the importance of collaboration in preserving public lands. Ben Burr will be available to update attendees on the Moab closures and provide a chance to learn more about the initiatives undertaken by UPLA and BlueRibbon Coalition to protect the nation’s cherished natural resources.
For media inquiries, please contact:
Loren Campbell, President@UtahPLA.com, 909-499-3295
About Utah Public Lands Alliance: Utah Public Lands Alliance is a 501c3 non-profit organization dedicated to preserving and advocating for responsible access and use of public lands in Utah and surrounding areas. UPLA works to protect the cultural, recreational, and economic value of public lands for current and future generations.
About BlueRibbon Coalition: BlueRibbon Coalition is a 501c3 non-profit organization dedicated to preserving public lands for responsible recreational use. The organization focuses on advocacy, litigation, and education to ensure that public lands remain accessible for a wide range of recreational activities.
You can donate to the campaign here
The Supreme Court has scheduled oral arguments in the Loper Bright Enterprises v. Raimondo case for January 17, 2024. The Court will decide whether they should overrule Chevron v. Natural Resources Defense Council, a landmark precedent in 1984 that granted substantial deference to Federal Agencies in deciding how laws are interpreted, and thus also allowed them to promulgate rules in areas where underlying laws in ambiguous situations as long as its interpretation is “reasonable.”
Chevron is likely the most frequently cited case in American administrative law. Many legal actions have been dismissed by lower courts based on the “Chevron Deference,” refusing to hear arguments that the rules and decisions were made in violation of Federal law.
Loper Bright Enterprises is a group of fishing companies that is suing Gina Raimondo as the Secretary of Commerce. Commercial fisherman have been required by the National Maritime Fisheries Service to provide space on each boat for an inspector to monitor their fishing activities. Not only must they provide valuable cabin space, but they are required to pay the wages and benefits of that Federal employee, approximately $700 per day.
This case will decide 2 questions, one whether the Agency has the authority to require domestic vessels to pay the salary of the monitors they must carry, and more importantly for us, whether the Court should overrule Chevron, which would strip Federal Agencies of the deference granted by the Chevron decision.
What does this mean for us? The Federal Government has been steadily increasing their regulations by broadly interpreting underlying statutes, often using that deference to legislative by unelected officials. The underlying argument for the recently proposed BLM Landscape Health and Conservation Rule is largely based on an overly broad interpretation of the Federal Land Policy and Management Act of 1976. Many people complain about overreaches in Federal power. Many of the Justices have commented over the years raising the question about whether Chevron was improperly decided, and a positive outcome in this decision will go a long way to restoring balance and holding Federal agencies in check.
We are very hopeful that the current Supreme Court will decide favorably on this appeal. The oral arguments will be heard in January, but the final decision will probably not be announced until the Summer.
By Loren Campbell November 29, 2023
Utah Public Lands Alliance
Fighting to Keep Access to Your Public Lands
By Loren Campbell, President Utah Public Lands Alliance November 2, 2023
We have been in a fight for access rights for all in Moab for a very long time, and that battle has heated up a lot in the last year as the result of a 2017 Settlement Agreement between the Department of the Interior and Southern Utah Wilderness Alliance to settle a lawsuit from 2008.
In September, BLM announced their decision to close access to 317 miles of some of the most popular roads and trails in the world in Labyrinth Canyon Gemini Bridges, just north of Moab, 28% of the road network. Also affected by the decision is the closing of almost 120 dispersed camping sites located along the closed roads.
On Monday October 30, an appeal was filed by BlueRibbon Coalition, CO Offroad Trail Defenders. And Patrick McKay. Matt Miller is the senior and lead attorney at the Center for the American Future at the Texas Public Policy Foundation, who filed the appeal with almost 1800 pages of exhibits, hand delivered in boxes to the BLM Moab Field Office. Mr. Miller said “Every American shares in the ownership of public lands, which exist for the responsible enjoyment of anyone who wants to recreate on them. BLM is trying to move use of these lands from the rights-based system that has endured for decades to a permission based system that allows bureaucrats to close these lands to serve their policy preferences.” To read the full Notice of Appeal, click here.
The State of Utah, the United Four Wheel Drive Association, and a few others also filed appeals.
The Interior Board of Land Appeals has 45 days to respond to the appeal and request for stay, during which time the closures will not go into effect, thus trails will remain OPEN!
Utah Public Lands Alliance has pledged to match the first $50,000 in donations dollar for dollar for BlueRibbon Coalition’s Legal Defense Fund when the donation is made through this link. UPLA is also looking for companies or individuals that will extend the match beyond the first $50,000. In addition, every donor will also be able to claim BRC’s Highly Acclaimed Lost Trails Guidebook Volume 2. Your financial support is essential to winning this fight, please give whatever you can. If your organization would like to learn more about increasing the match, please contact me.
Watch an excellent and comprehensive video by Marcus from CORE that explains where we are and how we get here, including a candid assessment of the BLM decision, the political bias involved at both the local and Federal level, and most importantly why we need to support BlueRibbon Coalition financially. This is a turning point in our fight against the ever increasing federal overreach of their statutory authority, and if we don’t fight to win now, every decision going forward should be expected to have the same consequences.
Visit BlueRibbon Coalition for a map of the most popular trails closed by the Plan and more information. We also encourage you to become a Member of BRC
Access the ArcGIS Map done by Patrick McKay from Colorado Trail Defenders by Clicking here