Center for Biological Diversity et al v. U.S. Bureau of Land Management, et al.
Published: Feb. 26, 2011 | Result Date: Feb. 1, 2011 | Filing Date: Jan. 1, 1900 |Case number: 3:2006-cv-04884 Bench Decision – Defense
Court
USDC Northern
Attorneys
Plaintiff
Robb W. Kapla
(Office of the San Francisco City Attorney)
Deborah Ann Sivas
(Stanford Environmental Law Clinic)
Lisa T. Belenky
(Center for Biological Diversity)
Defendant
Michael R. Eitel
(U.S. Dept. of Justice)
Andrew W. Ingersoll
(U.S. Dept. of Justice)
Facts
The Mojave desert lands within the California Desert Conservation Area managed by the U.S. Bureau of Land Management (BLM) are primarily multiple use lands. The potential conflicts between motorized recreation and other uses are carefully balanced.
A coalition of environmentalist groups filed suit against BLM and others to overturn the agency's off-road vehicle route designations in the Western Mojave (WEMO). The Mojave desert serves as a popular recreational destination allowing outdoor enthusiasts to enjoy back country touring, bicycling, camping, picnicking, photography, rock climbing, hiking and backpacking, and 4WD driving. It is also home to numerous endangered plant and animal species.
The suit alleged that BLM failed to adequately take into account the statutory and regulatory requirements in its planning document for the West Mojave. The suit was initiated as an effort to protect public lands resources including species, habitats, water resources, and cultural resources.
Result
Following a 2009 summary judgment order in favor of the plaintiffs, which found that BLM violated the Federal Land Policy Management Act and the National Environmental Policy Act when it designated off-road vehicle routes in the WEMO, District Judge Susan Illston issued an order on remedy that declined to close certain portions of the WEMO to off-road vehicles in favor of ordering the agency to implement a mitigation monitoring plan and to increase enforcement in the area, along with other measures. The agency must also redo the route designations in compliance with the court's order and issue a new Environmental Impact Statement by March 31, 2014.
Other Information
FILING DATE: Aug. 14, 2006.
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