A Bureau of Land Management (BLM) decision to shut off motorized access in parts of Utah hasn’t set well. The decision would close 317 miles of trails and roads near Moab. Two off-road enthusiasts groups, the BlueRibbon Coalition and the Colorado Offroad Trail Defenders, have taken up a legal fight with the agency. The groups appealed the BLM decision, which was announced by the agency last September.
“Prohibits camping access to … dispersed campsites”
The agency’s plan shut down about 28% of the total off-road trails in two areas northwest of Moab. The total 1,128 miles of trails and roads are in the Gemini Bridges and Labyrinth Canyon areas. Off-roaders said not only did it infringe on riding, it also effectively shuts down a great deal of boondocking. The groups argue that the new ruling “limits or prohibits camping access to countless free, primitive dispersed campsites.”
The appeal of the BLM decision was underscored in a statement by the off-roader’s coalition. “The trails closed by this decision are some of the most popular trails in the world,” said Ben Burr, executive director of the BlueRibbon Coalition. “Public lands belong to all Americans, and they should be managed to bring the greatest benefit to the greatest number of people. I’ve spent weeks in this area exploring these trails and speaking to those recreating in this area, and these closures will cause irreparable harm to everyone who has participated for generations in the creation of a vibrant recreation culture in this area.”
Appeal based on three points
Last Monday, the coalition made it official. The group filed their appeal with the Interior Board of Land Appeals. They also moved to stay the route closures while the appeal is pending. The appeal of the BLM decision is based on three points.
First, they claim BLM’s decision violates the National Environmental Policy Act, or NEPA. NEPA requires federal agencies to assess the environmental effects and seek public comment before starting projects.
Second, they assert the plan is in violation of the Dingell Act, a combination of public lands bills and designations. In their 34-page appeal, the groups argue the Dingell Act’s “designation of certain wilderness areas, like Labyrinth Canyon, would not lead to restrictions seeping into the surrounding areas.”
Finally, the appeal claims the decision violates the Appointments Clause of the U.S. Constitution. “Because BLM placed the exercise of final executive power in the hands of an unelected employee, and not an officer, the final actions taken by that employee are invalid and unconstitutional,” court documents read.
Board has 45 days to decide whether to issue a stay pending appeal
The Interior Board of Land Appeals is an appellate review body. It exercises the delegated authority of the United States secretary of the interior to issue final decisions for the United States Department of the Interior. The board has 45 days to decide whether to issue a stay pending the appeal.
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Nothing less than another Federal agency using powers that the Congress did not authorize to deprive the people of their rights.
Exactly right, Barry. The fed continues in its attempt to corral us into urban, bus riding, EV buying, stay-at-home serfs.
Yes, so sad, but true.
Agree
BINGO.
But if GOLD OR LITHIUM WAS FOUND ON BLM LAND how long would the land look as it is EXAMPLE COPPER MINES BORAX MINES LARGE OPEN PITS A SCAR UPON THE LAND THAT WILL NEVER BE HEALED BECAUSE THE GOVERNMENT ALLOWS THEM TO FILE BANKRUPTCY AND NEVER REPAIR THE DAMAGE AND OUR GOVERNMENT CONDONES THIS CENTURY AFTER CENTURIES / I know for every 1000,000. 00 Recovered 40% goes to Restauration and healing the land
I would like to know what prompted the BLM to close the area, to begin with. I have seen the mess and damage caused by some off-roaders and boondockers, some have no respect.
You just answered your own question!
Wow! Make that 4 for 4. 🙂 Thank you!
The settlement and development of the US and Canada evolved starting in the east and worked its way west.
If you look at where “National” parks and federal or “crown” lands are for the most part they are in the western half of the country.
The Eastern areas with their majority population developed the country building dams and locks. Dams for electricity, irrigation and recreation.
Then with their eastern bigotry decided that they would not allow the western part of our country to develop in the same fashion.
This was an attack on the principle of “private property rights” and wealth creation.
No one cares for “property” like an owner.