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GlamisDunes.com > Sand Community Issues > Your Environmental Opinion
Anonymous
Um I don't know much about these types of things, so I'm asking. What if we play the same game they are, & file some sort of suit against the people listed on the original suit to close down parts of G due to the FALSE claim that the PMV necessitates it. "They" have used the PMV defense before, & it's been proven its a crock, but they continue to tie up OUR property, taking away OUR civil rights to this land & not getting what our taxes pay for. If not to get the dunes back, at least to save future generations from frivolous PMV closures

I know law suits are costly, but how about what they call class action suits?
jhitesma
It's already happened and happening. But the law moves slowly...very slowly. The CBD lawsuit did too but the dune community refused to get involved until it was too late because they were convinced it would never happen.

Immediately after the closures were put in place the ASA filed suit because they were done improperly in respect to NECO/NEMO which is the process the BLM must use to close land. The BLM quickly rescinded the closures and did a quick and dirty half assed job of meeting the NECO/NEMO requirements (By basically saying that despite plenty of substantiated public comments showing how the closures would have a negative impact on recreation and the local economy they didn't really think it would so they were closing the areas anyway.) and re-issued the closures properly.

This stopped that first suit cold in it's tracks. However it did prove that the suit was correct and the ASA could have won if it went to court. Because of this the ASA is continuing to persue the suit and using the green trick of suing to cover their costs associated with the suit since the BLM effectively admitted fault.

(Please note. I am not a lawyer, I don't play one on TV, I get headaches reading the stuff they write, and I consider them a necessary evil. So I'm while what I'm saying here may not be 100% to the letter I'm focusing more on getting the general idea of these lawsuits across in a way that the average person can understand.)

The second lawsuit still in the works is to de-list the PMV from the ESA. This was filed some months ago and is currently in process. First the ASA had to file a petition to delist the plant with the FWS and the FWS had 90 days (IIRC) to respond to that petition. They did not respond. Because they did not respond the ASA had to file a 60 notice of intent to sue and again wait for a response. Again there was no response so as far as I know the paperwork has now all been filed and the lawsuit to delist the PMV is in the works.

This is the first step. Once the PMV is de-listed the closures no longer have a legal leg to stand on and the BLM has no more chance of defending them than they did defending themselves in the original CBD/PEER/SC lawsuit for basically the same reasons. (They're not following the law)

But the law moves very slowly. The original CBD/PEER/SC lawsuit was filed more than a year before the settlements started (IIRC again, it's late and I don't have time to dig up dates right now). Durring that time members of the TRT and founders of GlamisOnLine tried to bring it to peoples attention repeatedly and were brushed off continously with "Nahhh, too many people go to Glamis for them to close it". Or "Yeah, they've been trying to close Glamis for years it will never happen." or any number of excuses for staying ignorant that I'm sure you've all heard many many times before. Most of us have even said them once or twice ourselves.

There are also a number of other legal avenues still open. Some I've heard about some I have not - but for obvious reasons I can no discuss them in public.

But they are all EXPENSIVE! We're talking 6 digits and up even if we loose. Funds are EXTREMELY tight and even things like sending out newsletters costs upwards of $6k a pop. I'm not one for begging but if we really want to see these lawsuits happen the money has to come from somewhere. It never ceases to amaze me the number of people who can blow $1,000+ on a two day trip to the dunes but balk at donating $20 towards keeping them open.

Donated lawyers help, but much like doctors you need specialists and not general practicioners. The ASA has had several lawyers offer their services but the ones that we really need to spearhead these fights do not come cheap. Those who have donated time have helped in other ways but to fight land closures takes a specialist and they are in such high demand that none of them are able to offer their services free to anyone at this time.

So yes, legal fights are happening but they are not quick moving or cheap. An I for one would MUCH rather see my donations going to a slow but effective attack than a quick and toothless one that will just waste money without getting any positive effects.
Anonymous
Thanks Jason I think I got it.

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