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.

This interactive map shows the open and closed routes in each of the San Rafael Swell Travel Management Alternatives. To display different results, click on the button in the upper right corner of the map. Thank you to AZ Backroads for this great tool.JTNDaWZyYW1lJTIwc3R5bGUlM0QlMjJ3aWR0aCUzQTEwMCUyNSUzQmhlaWdodCUzQTUwMHB4JTNCYm9yZGVyJTNBbm9uZSUzQiUyMiUyMHNyYyUzRCUyMmh0dHBzJTNBJTJGJTJGbWFwcy5hemJhY2tyb2Fkcy5jb20lMkZtYXBzJTJGc2FuLXJhZmFlbC1zd2VsbCUyRmluZGV4Lmh0bWwlMjMxMSUyRjM4Ljg2NDMlMkYtMTEwLjgzOTAlMjIlM0UlM0MlMkZpZnJhbWUlM0U=

The Preliminary Alternatives for the San Rafael Swell were released today, and both Alternatives B and C have a huge number of routes proposed for closure. I have been in contact with the Price Field Manager and will report when we get further details and develop a plan of action. These Preliminary Alternatives are an extra step in the process before they issue the Draft EA. This gives us extra time to be able to analyze these routes and be ready to comment before the Draft EA is released. You can view the alternatives here by clicking here

Tammy Pike opened the workshop with a question… How many of you that watched the Superbowl know why the 49ers lost?

The answer was not about the skill, motivation, or talent of the players, it was because they did not understand the overtime rules.

She told us that until we take the time to read and understood the rules that BLM and Forest Service must follow when considering a Travel Management Plan, we will continue to lose.

For the next 3 hours, she told us about some of the rules contained in Title 43 of the Code of Federal Regulations.

The workshop was attended by 40 leaders from all around Utah and some surrounding states, and the questions were fast paced and the answers came back quickly. The people in the room are some of the best educated people in OHV, and we all felt like we were drinking out of a firehose. The bottom line is that we need to change how we’re playing the game if we really want to win.

At Your Leisure recorded the entire session, and is in the process of editing it into 10-15 minute segments organized by subject, but we will begin developing the new game strategy and relating it to you over the coming weeks. We ask that you stay tuned for the steps ahead, and share them with all your friends to help us keep our public lands open to all responsible users.

Our first article with steps to begin taking for protecting the San Rafael Swell and Bears Ears National Monument can be found here 

UPLA, BlueRibbon Coalition, SLOREX, and At Your Leisure are cosponsoring a Workshop to be more effective in preserving access to our Public Lands. We need you to invest 3 hours to learn how you can make a difference.

Even though motorized OHV has always had a strong relationship with BLM and Forest Service staff, and been quick to volunteer to complete projects on public lands, we have been at a disadvantage in Travel Management Planning because we have not been as effectively engaged as our opponents. If we fail to improve our strategies,  these closures will expand to affect every outdoor recreationist. Equestrians, campers, rock climbers, base jumpers, snowmobilers, hunters, fishermen, boaters, and mountain bikers will all be affected as more public lands are designated as wilderness, areas with wilderness character, or Areas of Critical Environmental Concern (ACEC) The elimination of roads and dispersed camping areas will limit access to staging and parking areas, making your favorite areas further and further from accessible roads. Even those clamoring for more wilderness experiences will have much longer treks to get to their favorite areas, a weekend trip now will become a week long trip in the future. Cyclists, rock climbers and canyoneers are currently facing rulings that propose elimination of e-bikes and fixed anchors in National Parks. As remote areas are more limited with accessibility, injuries and rescue attempts will increase and be even more expensive, resulting in further restrictions or closure.

In Utah, there are 25 Travel Management Areas on BLM’s calendar for development or reevaluation of current plans. More are in store for Forest Service and National Monuments.

The importance of understanding the NEPA process, and being able to proactively and effectively participate in the process has never been greater, and we must become smarter and more effective at working together to influence the NEPA process.

Utah Public Lands Alliance, BlueRibbon Coalition, Salt Lake Off Road Expo, and At Your Leisure are cosponsoring a workshop on February 29 to help us all understand how we can make a difference. Our workshop presenter will be Tammy Pike, a retired BLM Travel Management Planner, who is a renowned expert in the NEPA process. Her experience spans 30 years, the last 25 focused on trails, off highway vehicles and travel management planning while both conserving our natural resources AND providing the best recreational opportunities for the public to enjoy now and in the future. She has won countless awards from not only BLM, but the Forest Service, Arizona State Land Department, and many OHV and other recreational groups.  She earned a National Customer Service Award from BLM, one of the highest possible commendations.

Tammy will help us develop a strategy to communicate clearly in the NEPA process at all levels to get our views considered in the process. We believe she is the best person to teach us how to restore balance to a system that has been heavily weighted against us. Making comments is a critical step in influencing final outcomes, and she will teach us how to make comments that are both substantive and effective. Questions and answers are an invaluable part of any discussion, because it allows you to ask your questions  and get answers from an expert. We have a full hour at the end of the program allocated just to your questions and answers where she will be joined by panelists Ben Burr and Simone Griffen from BlueRibbon Coalition, as well as Rose Winn, our new UPLA Public Policy Consultant.

For us to change the tide, we must all come together, and we must start acting as Big As We Are. If you really care about making a difference in keeping our lands accessible, make plans to attend this workshop the day prior to SLOREX opening.

What:            NEPA Comments Training Workshop

Where:          Mountain America Expo Center, 9575 State Street, Sandy UT

When:           February 29 1:30 -4:30

Space is limited, RSVP and submit questions and topics you would like included in the presentation.

#default-btn-0ba25f9254324fbab1bc6d4d029ab966.ico-right-side > i { margin-right: 0px; margin-left: 8px; } #default-btn-0ba25f9254324fbab1bc6d4d029ab966 > i { margin-right: 8px; } RSVP To Attend Here

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!