Just in case someone missed this post from the ASA section:

The following is an update on Judge Illston's ruling, our attorney's advice regarding pursuing an appeal, and the line of reasoning behind our actions.

As you may recall, initially we were not going to appeal Judge Illston's decision (Northern California District Court) because it looked like such a long-shot. She had found so many defects in the Biological Opinion (BO), Environmental Impact Statement (EIS), and Critical Habitat Designation, that getting the 9th Circuit to overrule her would be like throwing 12 innings of no-hit baseball.

However, this last November much to our surprise, the federal agencies (Bureau of Land Management (BLM) and Fish and Wildlife Service (FWS)) did file an appeal. To maintain our legal standing and have the opportunity to appear before the court, we jumped into the fray and filed one, too. Blue Ribbon Coalition (BRC) did the same. We felt that if the feds thought they could win, we would join them and provide whatever help we could. Soon after, all the appeals were consolidated and we got a briefing schedule from the 9th Circuit.

In February, though, BLM and FWS started to get cold feet and made rumblings they might withdraw. We told them that we wanted to continue with it and urged them to do the same. Without them to defend their own documents and decisions, there was very little we could do to convince the 9th Circuit to overrule Judge Illston.

Then, on April 26, 2007 -- the day before their opening brief was due -- the feds filed a formal dismissal of their appeal. In so doing, BLM and FWS formally accepted Judge Illston's ruling and will be redrafting the BO, EIS, and Critical Habitat Designations consistent with her Order of March 14, 2006.

Essentially, the feds' withdrawal of the appeal takes the entire matter out of the jurisdictional reach of the Ninth Circuit court. From the Court's perspective, if the agencies responsible for preparing the BO, EIS, and Critical Habitat Designations agree that the documents are defective and further agree to redo them, there is no reason to waste judicial resources to resolve debates over the old documents. In effect, the case becomes moot.

Moreover, even if mootness were not a problem, there is virtually no chance that the Court would rule in our favor without the federal agencies there to defend their own decisions and documents.

In light of these events, our attorney Dave Hubbard spoke to Paul Turcke, counsel for BRC, and asked his opinion about continuing with the appeal. He agreed that it was a waste of time and money if BLM and FWS were not involved. Five days ago, BRC filed papers formally dismissing its appeal.

Therefore, now we are the only party on the appellate side. Everyone else has left the field of play.

Mr. Hubbard advises that given the turn of events described above, there is no rational reason to continue with the appeal. We would expend valuable and limited resources and get nothing in return. After lengthy discussion, and considering any possible avenue to continue this portion of our litigation strategy, the ASA Board of Directors has decided unanimously to accept his recommendation that we dismiss our appeal.

Directecting our efforts at assisting the BLM and FWS in developing balanced and legally defensible documents for the new RAMP is our best course of action in this case. It is our goal to encourage BLM and FWS to conclude revising these documents in an expeditious manner and without delay. We will continue to evaluate our legal options in this important matter.

Questions and comments can be sent to: asaboard@americansandassociation.org

well, that's a bummer for sure. But thank you for letting us know whats going on!

So now we wait for the BLM to REDO the RAMP ?, then resubmit the revised RAMP to the judge ???. Wow I hope all this gets resolved before I become a senior citizen.... ( scratch that ), I hope this gets resolved before most of the peeps on this site become senior citizens......

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FYI, Swark,

We need to understand that this is a war. The Eco-Socialists have been at this since 1972. (Or before) We just started in 2000 when they were able to grab a big chuck of the ISDRA. So, settle in for the long haul.

We’ve become a society of instant gratification with no pain or dues required for any gain. I was shocked yesterday to see on CNN a couple of Demo- Liberals not only preaching that in order to win against Al-Quida, that we had to lose and leave in Iraq, but they actually BELIEVED what they were saying. These are people who are part of the ‘mainstream’ and will have an effect on the next presidential election. We have no stomach for protracted fights anymore. Well, if we want to keep riding off road, we’d better grow some patience, cause the Eco-Socialists-Terrorists have, and will NOT QUIT.

Yes, it’s entirely possible that some people will become too old to dune before we get that area reopened. The Eco-Nazis tell their kids at night “Someday, Vladimire, all the desert will be closed to Off Road Vehicles. I tell mine that someday, son, you’ll get to ride beyond those closure stakes.

Thanks for the info, my appreciated!!

governmental agency conspiracy???lol

well, that sucks. sorry to hear about that.

yes it is a life-long fight, as long as the anti-access crowd continues to bellyache, we have to be ready to battle back

It's a war, bring it on We need to be ready for the long fight and make sure a vote the correct people into office and tell are friends and family to vote correctly also!!! EVERY vote counts!!!

It is kind of off topic and just my opinion so here it goes,
My theory on this subject, if one wanted to make an argument on how the libs got a head start is;
The universities had use of the foundation of the internet in 1972 with DARPA and ARPANET paving their way
It was not till the dawn of the 21st century that computers and internet access found a place in most of our homes
It will always be an uphill battle because the liberal left had a quarter of a century to make new laws that we now are forced to live by

I believe 1972 was also the start of the California green sticker program

As I reflect back, 1972 is also about the time when the antiwar movement spawned groups like; ecology, environmental, recycling, earth day, and green peace

Seems like after every war we are saddled with more social programs

If I remember correctly that was the start of the "solar craze " among other energy saving programs that the Gov. got its feet wet on !.

So would someone please tell me why we duner Orgs. just dont sue the BLM like the CBD does ???

On what grounds you ask ???? .

How about Illegal dune closure ??.

How about failure to review scientific facts ??.

How about Corruption ??, How the heck did the CBD get the BLM to close the dunes without proper protocal ?.

How about mismangement of funds ??.

How about mismanagement of the funds that were allocated to collect the funds ( camp/ permit fees ).

How about someone else add to this list cause I'm gettin pissed !!!!!!!!!!!!!!!!!!!!!!!!!!!!!.

Sorry for the rant , but still serious !!!.

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