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

The BLM has released it’s draft plan for the Grand Staircase-Escalante National Monument in Southern Utah. BRC engaged its members in 2022 during the scoping period. Comments are accepted until November 9, 2023.

Due to President Biden expanding the boundaries of GSENM, the BLM is in the process of updating the management plan that will include the additional acreage. The 3 additional alternatives proposed are all blatant reductions in access for the public and are unacceptable options. Because BRC and the State of Utah are currently litigating the expansion of the monument, the BLM should not move forward with the planning process. However, until legislation is passed to defund this planning process the public needs to submit comments letting the BLM know that the options are not viable for users and local communities. Please send in a comment below and add your own personal experiences and thoughts into your comment.

Alternative D, is the most restrictive option given. All alternatives will greatly reduce recreation and access across the entire monument. The Little Desert Open OHV will be closed which has a long history of use by the public. Although the majority of specific route closures will be addressed in Travel Management Planning, this plan sets the stage for those closures as you can see in the map below. Wood gathering within the entire monument could be prohibited, target shooting, fires unless in a fire pan would also be prohibited. Group sizes will be limited to 25 people. Routes that provide OHV access, camping access and access for local ranchers could also be closed. In OHV-limited areas, road density would be minimized. There are already so few roads within the monument, the fact the BLM is considering limiting road density even more is egregious. The roads that are already within the monument have difficulty being maintained simply because the BLM will not allow the county to maintain these routes. It is quoted in the plan that OHV use could continue to result in damage to resources. The BLM should first prove the resource damage caused by OHV’s before they claim use will “continue” to cause damage.

This chart shows the current management Plan, Alt A in the first column and Alt D is the most devastating with an area the size of Delaware only having 7 roads.

This chart shows the impact on changes in grazing areas, which will have a direct impact on our food supplies and thus national security.

Many of these routes were created by local ranchers. However, through this planning process grazing will be greatly restricted and reduced. Allotments with no valid permit will be unavailable to grazing along with about half of the monument which is nearly one million acres closed to livestock grazing.

“No new structural range improvements would be permitted unless a current (within the last 10
years) land health assessment and determination are completed for the allotment, unless the improvement would exclude livestock from an area and/or provide protection of GSENM objects. Nonstructural range improvements with a primary purpose of increasing forage for livestock would be prohibited.”

There is also the potential that 559,600 acres will be managed as lands with wilderness characteristics. Multiple new Areas of Critical Environmental Concern (ACEC) will be designated and historically these designations close or restrict use to all users. Restrictive management is what the BLM and special interest groups are advocating for which will remove all users from this massive monument.

All of these restrictions and proposals pose a massive threat to the local economies. There has already been a decline in the communities since the monument was first designated and these proposals will only exacerbate the issue. The plan states, “Under all alternatives, GSENM would continue to stimulate the local and regional economy through increased jobs, wages, economic output, nonmarket values, and ecosystem services from its uses, such as recreational opportunities and grazing and ranching allotments.” This statement is laughable as all alternatives restrict users and cripple local economies.

You can comment in one of 2 ways, but only until November 9.

1) Submit comments directly on the project planning website
2) Submit comments through the BlueRibbon Coalition Action Alert

Thank you to BlueRibbon Coalition for the summary of this plan

Our freedom to roam is under assault from a plan to close everything off and make us ask permission before we enjoy it.

There is a plan underway to close the great open spaces of the American West to you, me, our children, and our children’s children. The federal government — which owns most of this land — is determined to move from a “use and let use” system of accessing Western public lands to a permission-based system that will mean reservations, permits, and closures.

Just last month, the Bureau of Land Management issued a final decision to close 317 miles of historic and popular off-road trails near Moab, Utah. For decades, these trails — which are mostly old uranium mining roads — have been enjoyed by everyone from Jeep owners to dirt bike riders to base jumpers looking for a place to land. They have evocative names like Gemini Bridges, Mashed Potatoes, and Dead Cow Trail. They appear in guidebooks. Some of them are even featured in the hugely popular Easter Jeep Safari.

The plan is already being implemented, and it threatens the freedom enjoyed by tens of millions of Americans who hike, camp, Jeep, mountain bike, ATV, fish, swim, canoe, kayak, trail run, overland, base jump, raft, and backpack the millions of acres of free space that make “the West” the West.

I have enjoyed our public lands my entire life. There is nothing like a sip of coffee as you watch the first rays of dawn begin to break on the red rocks. You don’t realize how tough your kids are until they shrug off a chilly 15-degree night in a sleeping bag. And you don’t really appreciate how unfathomably vast the West is until you spend three days exploring the backcountry without seeing another human soul.

All of these experiences — and many others — take place on public lands. There is no entrance fee. There is no permit required. You just lace up your hiking boots, or jump in your pickup, or hop on your mountain bike, and you go. Simple as that. So long you don’t litter or destroy or cause a ruckus, you are left to your own devices. It is something that unites Americans of every class, creed, color, and political persuasion.

That feeling of expansive freedom speaks to everyone who steps outside to enjoy and explore America’s public lands. It feels like our birthright to enjoy them and, for hundreds of years now, it has been just that.

But now, that freedom to roam is under assault from a plan to close everything off and make you ask permission before you enjoy it. If nothing is done to stop it, one of the last, great, unifying forces in American public and private life will be fundamentally transformed and left unrecognizable before most people realize what is happening.

Zooming out, the aggressive rate of federal trail closures is part of the larger “30×30” plan that President Joe Biden announced shortly after taking office. The alleged intention is to “conserve at least 30% of U.S. lands and waters and 30% of U.S. ocean areas by 2030.”

There is no evidence that users of these trails have been damaging them. Indeed, people cherish these lands. Go drive the trails and you will rarely encounter even a single piece of trash. That is why they have been in use for decades with no appreciable degradation.

Nevertheless, the federal government is now implementing a plan to close hundreds of miles of cherished trails. And that is why the BlueRibbon Coalition — the nation’s premier group dedicated to preserving motorized access to wilderness — has joined with the Colorado Offroad Trail Defenders to challenge the plan in court. They are represented by my organization, the Texas Public Policy Foundation.

What the Biden administration’s plan really means is an aggressive plan to close those lands to use by the public. Well, not to the entire public — crunchy backpackers and hikers are still beloved by the left. But the executive decision will limit access for the “wrong” kind of outdoorsy people — people who drive Jeeps and Toyotas and ride ATVs and dirt bikes, and who look like they might be having a good time without suffering under a heavy backpack.

This seems to be a great paradox to those who do not understand why people love overlanding, dispersed camping, dirt biking, ATV riding, and off-roading, but it is no mystery to those of us who actually engage in these activities. We love the wilderness, too. We love taking our children, friends, and family out there and enjoying fresh air and magnificent scenery. If we come across someone else’s trash, we pick it up. If we see someone breaking the rules (by, say, driving off-trail), we reprimand them.

There are very, very few law enforcement personnel on these lands enforcing the rules. Instead, the motorized travel community self-enforces an ethic of respect for public lands. We teach it to our children. That is why these trails remain so attractive as a place to recreate.

The Moab closures are a bellwether case for protecting access to public lands. The closures represent a provocative challenge to an entire way of life for millions of people in the West. If the Biden administration can close these lands, it can close them anywhere. Americans have shown themselves to be responsible stewards of their public lands, and they deserve to be able to enjoy them — freely — for generations to come.

By Matt Miller, Texas Public Policy Foundation     November 2, 2023

The Forest Service has released their draft plan for the Manti LaSal Forest. The Manti LaSal forest is in Northern Utah near Manti, and also in the LaSal Mountains in Colorado east of Moab. It makes up 1.4 Million acres in total. It is home to both the Arapeen Trail System as well as some of the best snowmobiling areas in Utah.

The plan has potentially devastating impacts on winter recreation, substantial cutbacks in motorized vehicle areas, and proposes 7 areas to be considered Wilderness areas.

REMEMBER: When submitting comments, the most important ones, and the hardest for us to get, are details on the trails you use. Include photos and Forest Service Road Numbers if you know  them, Please get your comments sent in one of the 3 ways before November 16.

BlueRibbon Coalition will be publishing comments on the plan, but we need your comments as well, especially those concerning how you, or your family, has used the area, what trails, what time of year, forms of recreation, any access issues like disabilities, etc. You can learn more about the details and submit comments on BRC’s Action Alert here.

Visit the Forest Service Project Page and Submit Comments Directly to the Forest Service Here. Suggested tip, hopefully you will have long strings of comments, photos, and more. These are most easily submitted by writing them in a document and attaching them rather than using the form box.

UPLA received comments from the San Pete Tourism Office which are copied below that you might use as a basis for your own comments.

WINTER RECREATION AND ACCESS
GUIDELINES (FW-WINTER-GD) – PAGE 2-60
02 TO MANAGE FOR AND PROVIDE A DIVERSITY OF WINTER RECREATION OPPORTUNITIES, MOTORIZED, OVER-SNOW TRAVEL IS NOT SUITABLE IN PRIMITIVE AND SEMI-PRIMITIVE NON-MOTORIZED RECREATION OPPORTUNITY SPECTRUM CLASSES EXCEPT FOR EMERGENCIES OR ADMINISTRATIVE USES. NEW MOTORIZED FACILITIES AND INFRASTRUCTURE SHOULD NOT BE DEVELOPED IN THOSE CLASSES.
Motorized over-snow travel is suitable in primitive and semi-primitive non-motorized recreation opportunity spectrum classes, as the landscape is protected by a layer of snow. No evidence of over-snow travel remains after the snow melts. Also, the more over-snow machines spread out, the lower the impact on wildlife, and the less conflict with non- motorized users that tend to recreate close to trailheads.
RECREATIONAL OPPORTUNITIES SPECTRUM, NORTH ZONE
Summer ROS: no semi-primitive non-motorized areas should be designated in the Sanpete Ranger District. Alternative A is the preferred option for the north zone.
Winter ROS: no semi-primitive non-motorized areas should be designated- except on big game winter range.
RECOMMENDED WILDERNESS MANAGEMENT AREA
No areas on the north zone should be considered as wilderness, specifically:
1. Blind canyon
2. Mill fork
3. Fish creek
4. Candland mountain
5. Gentry mountain
6. Canal canyon
7. Sanpitch
Nor should the following standards, objectives, & guideline be practiced for the north zone. Such practices essentially allow the land to be managed as wilderness without congressional approval.
OBJECTIVES (MA-RECWILD-OB) – PAGE 4-95
01 TO ENSURE MAINTENANCE OF THE WILDERNESS CHARACTERISTICS THAT COULD ALLOW THESE AREAS TO BE ADDED TO THE WILDERNESS SYSTEM, CLOSURE ORDERS FOR COMMERCIAL FILMING AND LAUNCHING SHOULD BE WRITTEN WITHIN FIVE YEARS OF PLAN APPROVAL.
02 OVER THE LIFE OF THE PLAN, REQUEST THAT ALL RECOMMENDED WILDERNESS AREAS BE WITHDRAWN FROM MINERAL ENTRY IN CONFORMANCE WITH SECTION 204 OF THE FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976 (NATIONAL FOREST MANAGEMENT ACT OF 1976).
STANDARDS (MA-RECWILD-ST)
01 COMMERCIAL FILMING SHALL NOT BE AUTHORIZED IN RECOMMENDED WILDERNESS AREAS.02 RECREATION OPPORTUNITIES SHALL BE CONSISTENT WITH THE RECREATION OPPORTUNITY SPECTRUM CLASSIFICATION OF PRIMITIVE.
03 RECOMMENDED WILDERNESS AREAS SHALL NOT BE SUITABLE FOR TIMBER PRODUCTION.
04 TIMBER HARVEST IN A RECOMMENDED WILDERNESS AREA SHALL ONLY OCCUR IF REQUIRED TO MAINTAIN THE WILDERNESS CHARACTERISTICS OF THAT AREA.
05 RECOMMENDED WILDERNESS AREAS SHALL BE SUITABLE FOR WATERSHED RESTORATION ACTIVITIES WHERE THE OUTCOMES WILL PROTECT THEIR WILDERNESS CHARACTERISTICS, IF THE ECOLOGICAL AND SOCIAL CHARACTERISTICS THAT PROVIDE THE BASIS FOR WILDERNESS RECOMMENDATION ARE MAINTAINED AND PROTECTED.
06 RECOMMENDED WILDERNESS AREAS SHALL NOT BE SUITABLE FOR MOTORIZED AND MECHANIZED TRANSPORT, UNLESS FOR EMERGENCY SERVICES, VALID EXISTING RIGHTS, OR ADMINISTRATIVE USE.
07 RECOMMENDED WILDERNESS AREAS SHALL NOT BE SUITABLE FOR NEW MOTORIZED OR MECHANIZED ROADS OR TRAILS.
08 SCENERY MANAGEMENT SHOULD BE CONSISTENT WITH THE SCENIC INTEGRITY OBJECTIVE OF HIGH OR VERY HIGH. GUIDELINES (MA-RECWILD-GD)
01 TO MAINTAIN WILDERNESS CHARACTERISTICS, FIRE SUPPRESSION ACTIONS SHOULD APPLY MINIMUM IMPACT STRATEGIES AND TACTICS, EXCEPT WHEN DIRECT ATTACK IS NEEDED TO PROTECT LIFE, ADJACENT PROPERTY, OR TO MITIGATE RISKS TO RESPONDERS.
02 TO ENHANCE OR IMPROVE WILDERNESS CHARACTERISTICS, VEGETATION MANAGEMENT ACTIONS SHOULD BE UNDERTAKEN USING THE MINIMUM TOOLS AND TECHNIQUES NECESSARY.
03 TREE CUTTING MAY OCCUR INCIDENTAL TO OTHER MANAGEMENT ACTIVITIES, SUCH AS TRAIL CONSTRUCTION, TRAIL MAINTENANCE, REMOVAL OF HAZARD TREES, OR FIRELINE CONSTRUCTION.

The BLM is asking for people interested in serving in various citizens advisory committees for the BLM. These are important opportunities to give early opinions about land use policies. Joan Kroc has been serving for almost 4 years and her term will be up in 2025, so we need volunteers to speak up for these positions.

NatCallforNominationsOct2023