The hearing for a stay or temporary injunction of the Moab Labyrinth Canyon/Gemini Bridges Travel Management Plan was held on February 21before the Honorable Dale A. Kimball in Salt Lake City. The OHV community turned out in force to observe the hearing, which Judge Kimball mentioned that it was good to see so many concerned citizens turn out to fill his courtroom.

This hearing was for the Federal lawsuit filed by BlueRibbon Coalition, Patrick McKay, and Colorado Off Highway Trail Defenders against BLM. The judge allowed SUWA to act as an intervenor in the case. Plaintiffs were represented by Matt Miller and Nate Curisi with Texas Public Policy Group, defendants were represented by Paul Turcke and Steve Bloch. Final prehearing briefs from both attorneys are attached if you’d like to read them.

To qualify for an injunction, four elements must be proven:

• That Plaintiffs are likely to prevail on the merits. Matt Miller presented four counts for violations and the reasons that plaintiff was likely to prevail on all 4 of them. It is only necessary for the Plaintiff to prevail on one of the counts.
• That Plaintiffs will suffer irreparable harm if relief is not granted. Substantial focus, including questions from Judge Kimball, surrounded the impact of BLM’s intent to “obliterate” the trails in their plan. Another focus was that some of the arguments in the 4 counts were constitutional violations, which automatically qualify them as being irreparable.
• That the Plan was arbitrary and capricious in it’s evaluation and implementation. BLM is required to take a “hard look” at the impacts from implementation of the plan, and cannot consider factors not intended by Congress. Many examples of infractions occurred including improper analysis of science and the failure of BLM to respond to significant and relevant comments, including the impact to recreation, including Elderly and Disabled users. Another important example was the inclusion of user conflicts citing noise without any precise definition of what noise levels were acceptable or unacceptable.
• That relief is not adverse to the public interest and that plaintiff’s injuries outweigh any alleged damage to defendants. Since the current TMP has been in effect for 15 years, delaying the effective date of the new plan will not result in any new harms to BLM, while without relief, the many users, including those that are elderly or handicapped, are deprived of the opportunity to enjoy these areas is both substantial and irreparable. One of the largest Off Road Events in the world, Easter Jeep Safari, had 9% of it’s historic trails closed by this Plan. In addition, public interest has been demonstrated by both the volume of public comments, and efforts by Federal and Utah legislators who have introduced legislation to overturn this Plan.

So what does this mean? Judge Kimball closed the hearing after about 2 hours of arguments and will issue his ruling in “short order.” Judge Kimball has a reputation for a strong understanding of land use issues in the 10^th Circuit, and also for issuing rulings quickly, so we hope to see his ruling in a short period of time. It should be noted that this Injunction Hearing is only the first step in this effort, regardless of this ruling, the Federal Lawsuit will still be heard at a later date.

I am not an attorney, but my lay opinion was that Matt Miller did a much more persuasive job than Turcke and Bloch, and Judge Kimball’s questions seemed to bolster Miller’s presentation, while they seemed more critical of BLM’s arguments.

I’ve learned that nobody can predict the outcome of any court hearing, but I’m both optimistic about our potential for success in this first step and proud and grateful of the actions taken by BlueRibbon, Patrick McKay, and Colorado Offroad Trail Defenders for standing up for our rights. Please make sure you let them know that you support them too.

Join and Support Utah Public Lands Alliance

Join and Support BlueRibbon Coalition

Through the generosity of UPLA’s supporters, cooperating clubs, and a match of $50,000, Loren Campbell presented BlueRibbon Coalition with $103,317 to fight against the constant onslaught of route closures in Utah in the closing ceremonies of Winter 4×4 Jamboree.

The final check was presented to BlueRibbon Coalition’s Public Policy Director, Simone Griffin. Board President Ranch Pratt and Board Members Matt “Sarge” Westrich and Phil Rawlings also expressed their appreciation for the Community’s support.

Here is a partial list of Donors that supported this effort

• Winter 4×4 Jamboree
• Moab Friends for Wheelin
• Pacific Northwest 4 Wheel Drive Association
• UTV Takeover
• Contra Costa Jeepers
• Ride Utah
• Esprit de Four
• KMAC Corporation
• FMCA 4 Wheelers
• San Diego 4 Wheelers
• and over 150 Individual Donor

Thank you so much for fighting!

Today, a coalition of off-road groups took their challenge to the federal government’s arbitrary and illegal closure of over 300 miles of trails near Moab, UT, to federal district court for the District of Utah. The federal court filing follows a ruling by the Interior Board of Land Appeals to deny a stay of the closures earlier this month. Now it will be up to a Utah federal judge to decide whether the trails will remain closed while the litigation is pending, or whether they will be open and available to the hundreds of thousands of Jeepers, mountain bikers, dirt bike riders, and others who have enjoyed them for decades.

The coalition, which consists of the BlueRibbon Coalition, Colorado Off-Road Trail Defenders, and an individual named Patrick McKay, is asking the federal court to issue a preliminary injunction that will allow the trails to remain open while the litigation is ongoing.

“The government has already announced that they would begin re-vegetating, bulldozing, and otherwise erasing these trails the moment they were closed,” said Matt Miller, a Senior Attorney at the Texas Public Policy Foundation and lead attorney on the case. “That is why an immediate injunction is necessary. If these closures are not immediately reversed, there could be no trails left after this litigation concludes, even after the plaintiffs win.”

“The federal government’s closing of these world-class routes ignores the evidence on the ground, the needs of the community, and the rich history of off-road recreation in the area,” added TPPF Attorney Nate Curtisi. “Worse yet, this government overreach was done in violation of a myriad of constitutional and statutory protections that were made specifically to avoid these kind of arbitrary and capricious actions.”

“After reviewing the legal deficiencies with this decision, we committed to our members that we would do everything we can to keep these popular trails open,” said Ben Burr, BlueRibbon Coalition Executive Director. “Now that they are closed and the Bureau of Land Management will get to work erasing these trails from the landscape, the irreparable harm to our members will be difficult to quantify. It’s impossible to place a value on generations worth of traditions, experiences, and meaningful connections to these spectacular lands. The BLM didn’t just close 317 miles of trails, they closed 317 miles of some of the best trails, and we are prepared to do what it takes to keep them open.”

Please show your support to the sponsors of these actions!

Following are copies of both the Lawsuit Complaint and the Injunctive Relief Request

Federal Lawsuit ComplaintMoab-District-Court-Original-Complaint

Moab-Motion-for-injunction

Watch the Fox 13 News story about the David & Goliath story of BLM and SUWA stripping 317 miles of OHV access in Moab Labyrinth Canyon. This decision only appears to affect motorized OHV now, but the decision details will affect many others including equestrians, photographers, mountain bikers, rock hounders, and even base jumpers.
We need to start acting as big as we are. Get involved and support BlueRibbon Coalition with your time and your money by Donating Here.

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:

• The 317 miles of roads listed in the Travel Management Plan are CLOSED, and UPLA strongly encourages that all users obey the closure orders and don’t drive on the closed roads. Here’s a great map of the closed trails.
• The Appeal is still pending. You can read BlueRibbon’s appeal here.
• Read about the 5 Actions that BlueRibbon is taking, and learn how you can take action.
• Support Utah Public Lands Alliance by donating to our campaign for BlueRibbon’s Legal Defense Fund. UPLA already contributed $69,672 to the BlueRibbon Coalition Legal Defense Fund, and will match dollar for dollar approximately the next $15,000 in donations. You can donate here online, or if you prefer to write a check, designate in the memo line “Legal Defense Fund” and mail it to:

Utah Public Lands Alliance
PO Box 833
St George, UT 84770


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