BlueRibbon Coalition is expanding its efforts to increase accessibility for disabled members of the American public. It sometimes feels like anti-access organizations have unlimited resources to enforce discriminatory restrictions against those with disabilities. For a growing number of public land users, motorized access is the only way for those with mobility impairment physical disabilities to access public land. We believe that the goals of conservation stewardship and recreational use can be responsibly and equitably harmonized and champion the responsible use of public lands for the benefit of all recreationists, including those whose only means to outdoor recreation is through the use of an OHV due to disability.

Learn more about how you can help BlueRibbon Coalition achieve equity for disabled Americans.

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The challenge we’ve always faced with Travel Management is that we’re always playing catch up with only 30 days for most comment periods, by the time we get the word out and ask people to go out and write comments, we’re playing catch up and don’t have time to run trails or provide great comments to persuade BLM or Forest Service to Keep them Open.

UPLA launched Trail Saver, a new tool for you to prepare notes after each ride you go on, anywhere in Utah. There’s nothing more effective than putting your thoughts in writing right after your ride when everything is fresh in your mind, and your photos and gpx tracks are easily available. If you spend just 5-10 minutes writing a brief report, it will really help us collect better data. Once you submit the form, it will email you a formatted copy of your comments for that trail along with some helpful hints that will make it easy to submit your comments when they are needed. We all think of something else right after we hit submit, Trail Saver allows you to edit or add to your comments, and will immediately send you a revised report. UPLA, BlueRibbon, and local clubs working that area may also be copied on the comments so that they can also assist.

You don’t have to worry about confusing dates either, once the comment period opens for that Travel Management Plan, Trail Saver will email you a reminder with all of your comments, photos, tracks, ratings, etc, along with more tips and instructions on how to submit them to BLM and or Forest Service. For the system to work effectively, you will need the BLM or Forest Service Route numbers, so I recommend you take a pic of those signs as you go by them and include those when submitting your form.

TrailSaver reports should be thought of as your notes about what makes keeping the route open important, views, dispersed campsites, challenging or easy, significant vistas, connections to other important routes can all be important. Make an effort to write short notes on every trail you go on, and let Trail Saver keep track of them. When it’s time to submit comments to BLM, TrailSaver will email you your report along with all your photos and other attachments to make it easy to submit great comments. Unfortunately, 90% of all comments submitted to BLM are not considered because they don’t meet BLM “substantive comment” standards. To learn what makes your comments make a stronger impact, watch our series of short videos on Youtube, or click on this helpful BLM link

Order and display TrailSaver stickers on your rigs so you can explain the program to others you run into. You can order stickers for yourself, group, or club at www.TrailSaver.com

Comments are now open for Henry Mountains and Fremont Gorge, which you should submit to BLM. Other areas coming soon will be Trail Canyon and Pausaugant in Kanab and Dino North in Vernal, so we especially need reports on these, but please submit reports everywhere you go in

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All comments are valuable, but those that meet the “substantive comment criteria” are better.

Browse This Guide on Crafting Better Comments

Substantive Comment Guidance

Judge Clark Waddoups, Senior Judge with the Utah Federal District Court, has been presiding over the consolidated Bellwether RS2477 case filed by Kane County and the State of Utah against the United States and SUWA for many years. In August, Judge Waddoups made a couple of very important rulings that show he has a clear predisposition to substantiate the rights of Utah and Kane County in preserving rights for access on RS2477 claims, of which there are almost 12,000 roads. To illustrate the importance of this it should be remembered that 120 miles of the routes closed in Moab are on existing RS2477 claims.

The first ruling was really aimed straight at SUWA, who is acting as a Intervenor Defendant with the United States. Judge Waddoups expressed that he believed the United States was interesting in settling the long running, complex, and expensive case and that SUWA was dragging it on and unwilling to settle. He was openly frustrated with SUWA’s endless motions taking up the court’s time, and he repeated and clarified his prior ruling that barred SUWA from further motions unless they are approved in advance by the court.

The second Decision in the same case was in response to a motion from BLM that would have dismissed all 12,000 RS2477 claims.

Judge Waddoups approved the dismissal of a single road claim, but denied the request for dismissal of the remaining claims. Further, his 80 page Order was a memorandum of his reasoning for his decision, and went into great detail about his thinking on RS2477 Claims, and why they should be honored without the adjudication of each claim as was contained in prior orders. The decision is very interesting reading, and it seems clear that Judge Waddoups is going to flip the tables on RS2477 road claims, putting BLM on the defense to refute claims rather than requiring the State to gain approval on each claim.

Judge Waddoups made a couple other important distinctions in his ruling:

• Cited the recent Corner Post Supreme Court case to refute many of the statute of limitations motions to dismiss, another win for public land users
• Introduced many theories about why the 2017 BLM SUWA Settlement Agreement may be on shaky ground. This is the reason we are in the process of revisiting 17 Utah Travel Management Plans.

The case is still ongoing, but it appears Judge Waddoups wants to see it close soon, but he’s shown us a peek behind the curtain. This ruling is so monumental that the information I’ve been hearing is that BLM is reconsidering their current TMP/RMP processes in Utah. Once the case is is closed and the decision published, it can be cited in many other land use claims.

Here’s the ruling in its entirety with highlighting of some of the key findings.

The Chevron Deference Doctrine was overturned by the Supreme Court today in a 6-3 decision in the Loper Bright v. Raimondo case. Chevron has been the law of the land since 1984, and ordered lower courts to recognize that federal agencies should be regarded as the experts where a law was ambiguous, and as a result caused Federal agencies to get ever more aggressive in their interpretation of underlying laws in making rules, without fear of a court overrruling their interpretation. This is a landmark decision against the Federal Government in their aggressive rulemaking which restricts the rights of not only OHV users, but also many other groups such as gun owners, the environment, the workplace and even health care.

Chief Justice delivered the decision today and said that Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority, as the Administrative Procedure Act] requires, The chief justice called the earlier decision a “judicial invention that required judges to disregard their statutory duties.”

Chevron doctrine has been applied by lower courts in thousands of cases. The Supreme Court itself has invoked the framework to uphold agencies’ interpretations of statutes at least 70 times, but not since 2016, when the Court began to drift away from their conviction for the Doctrine.

This is definitely a landmark decision that will shift our fight against Federal overreaches in restricting responsible use of our public lands, and may lead to many new arguments against devastating rules such as the recently adopted BLM Landscape Health Rule that allows conservation leases and a host of other new rules not addressed by FLPMA.

If you’d like to read the court decision, you can find it here…

This article is 2 pages, please scroll to second page for more. This is the first article in a series about how to take action to stop them. Watch for more to come on specific tips. We will also be scheduling a Webinar soon.

Winn Rose – Bears Ears Article Series 1