Since this hasn't been mentioned here yet I figured I'd share it with everyone.

Press Release – American Sand Association

FOR IMMEDIATE RELEASE
American Sand Association
PMB 108
1911 Foothill Blvd
La Verne, CA 91750

CONTACT:
Jerry Seaver, ASA President
Greg Gorman, ASA Media Relations Director
DATE:
February 14, 2003, La Verne CA
HEADLINE:
American Sand Association Says “Use Valid Science” and Sues USFWS
BODY:
The American Sand Association and other Off-Road organizations today filed a lawsuit to force the U.S. Fish and Wildlife Service to act on a year-old petition that may remove the temporary closures at the Imperial Sand Dunes Recreation Area. “Our suit forces the FWS to act on the Delisting Petition that the ASA filed over 18 months ago,” said Mark Harms, Chairman of the ASA Legal Committee. “The duning community has complied with the court’s stipulation that closed 49,000 acres of the ISDRA well beyond the expectation of the extreme environmental groups that were instrumental in these closures. The ASA will use every legal avenue available and use the Federal Court system to force the FWS and the BLM to do the jobs they’re tasked with properly and completely so as not to let these unsubstantiated closures happen in the future.” Biological studies commissioned by the ASA and performed by renowned botanist Dr. Arthur Phillips III have shown that the Pierson’s Milkvetch (the subject of the ASA’s Delisting Petition) is thriving and is not adversely affected by off-road vehicle activity.

A lawsuit filed by the Center for Biological Diversity and other special interest groups in 1999 took advantage of the flawed studies and incomplete scientific data on the Pierson’s Milkvetch and forced the Bureau of Land Management to temporarily close 49,000 acres right in the heart of the Imperial Sand Dunes Recreation Area in southeastern California, one of the most popular off-road recreation sites in the US. The temporary closure was in addition to 32,000 acres already set aside as a Federal Wilderness Area for species preservation at the ISDRA.

“My work has been peer-reviewed, and they have all agreed with it.” Dr. Phillips said from his home in Flagstaff Arizona. “I usually prove that a plant needs to be protected, and more often than not I am the one who gets it listed [under the Endangered Species Act]. In this case it’s just not necessary for the land to be closed due to the large number of plants and minimal observed threat.”

“We’re sick and tired of anti-access groups using loopholes in the Endangered Species Act to force closures of public land without proper scientific data,” said Grant George, ASA’s Biological Committee Chairman. “It’s time to use facts, and the truth to manage our lands not emotional appeals and outright lies!”

Jerry Seaver, ASA President added that the ASA and other off-road organizations would be aggressively pursuing this matter in Federal Court. “We can’t allow special-interest groups to use the environment and flawed data as a vehicle to push their agenda to limit access to public land. There is never an end to the fight to keep public lands open for all to use.”

About the American Sand Association
The American Sand Association is a grass-roots, non-profit organization of approximately 20,000 members dedicated to preserving the use of public lands for sand-sport enthusiasts’ use, improving OHV safety and promoting responsible land use. Some local sand-sport areas include the Imperial Sand Dunes, Oceano Dunes (Pismo Beach) and Dumont Dunes in California, Sand Mountain in Nevada and Hotwell Dunes in Arizona. The ASA is an all-volunteer organization with no paid staff. We rely on the financial support of sand-sport enthusiasts and small businesses. Most of the members are family-oriented, have a rich family history going back for generations enjoying the sand sport; and most have a significant financial investment in their equipment, gear and campers. Additional information can be found on our web site at http://www.americansandassociation.org.

Nice, thanks for posting this

I just got an e-mail about this and I really feel the need to speak up here so there are no misunderstandings as to what exactly this does. The writer was excitedly sending the press release along to everyone on her e-mail list telling them those awful temporary closures will be lifted because the PMV is finally going to court. That's not the case.

When the FWS receives a petition either to put something on the "list" (like the Flat-Tailed Horned Lizard petition) or take something off the "list" (like the PMV petition) the FWS is required to perform studies and decide if the critter is worthy of the petitioned action.

The FWS has not responded to the PMV petition and it's clear they will not respond until a judge tells them to. This lawsuit was the only way to get them to pay attention to the petition. And, once they've paid attention to the petition by completing their studies and submitting their official response to the petition, the lawsuit is over, even if the response is not favorable.

That's the first thing my e-mailer was confused about. This new lawsuit will not give the PMV its day in court. The judge in this new lawsuit will not decide if the PMV is worthy of protection or not. The judge will only decide whether or not the FWS has to respond to the petition.

The second thing that the e-mailer was confused about is the role this plays in the temporary closures.

The closures are totally and completely separate from the PMV petition/lawsuit. They are the result of a stipulation between the parties reached at the beginning of the lawsuit that was filed by PEER (Public Employees for Environmental Responsibility), the Sierra Club and the Center for Biological Diversity (CBD). The closures will not be lifted until certain conditions are met, one of which is the section 7 review by the FWS (to which the RAMP is directly tied).

This new lawsuit deals with the petition to de-list the PMV, not with the stipulations signed in the original lawsuit.

It's still a great move and is absolutely necessary to get the FWS to do what they are supposed to be doing and keeping a government agency on its toes is always a good thing. :mrgreen:

Vicki

So basically what your saying is by the time the asa cuts through all the beurocratic red tape, it will be 2008 before the closures are lifted?
I mean , it's been almost 3 years already right! how long is this going to take?

Actually, the ASA has no control over when the closures will be lifted since they weren't a part of the initial lawsuit that created the closures. The closures can't be lifted until the conditions in that lawsuit have been met, period. The parties signed the stipulation and the Judge made the order saying that would be so.

BUT the de-listing petition will certainly help in case "they" try to come back and use the PMV to close more areas or force the existing closures into critical habitat status.



That depends on who you listen to. The environmental lobby is pushing HARD for capacity limits, alcohol bans and curfews and the other side is pushing back to keep those things out of the management plan for the dunes. The BLM and FWS are trying to stay out of court and finding it hard to get to a middle ground.

DUNERS has a meeting coming up that will hopefully help find a more definitive answer to "when."

Vicki

That sucks! >:< :bash: :x :X:


LIVE FREE OR DIE!

The ASA did not exist at the time the lawsuit was filed. The ASA formed as a result of this lawsuit to combat the closures and to prevent other closures.

I hope everybody realizes there is NO instant soloutions. Dealing with the Federal Government and the Federal Court System takes a lot of time. You also have to deal with the eco groups who can also become involved to delay the actions.

The ASA is leading the legal fight for the ISDRA and has very good legal council. They are doing everything they can as fast as possible. It takes time and money to fight these fights.

The best chance we have to get rid of the closures is the release of a carefully written RAMP. Of course, as soon as the RAMP is official, expect to see legal action by the ecos to delay implimentation of the RAMP to try to keep the closure closed while the case works its way, slowly, through court.

We all must stick together and support the ASA with its legal fight. There is no one else doing this for the ISDRA. It would be heplful to contact your politicians to urge them to reform the ESA also.

Thanks SailAway, azsandrider. The fight continues, and support from us duners is vital at this stage. It do take time and money. With that comes the ability to make the changes for ourselves, by our people. Falling behind allows outsiders (non duners) to make and implement rules. If that happens duners, Glamis as we know her will ultimately change forever.

We have come this far, and have accomplished so much, Slap is downright proud of our community. We are fighting a good fight, yet we know that it will be a long one. Showing force in numbers and financial backing only strengthens us as a whole. ASA, great job. Let's step on up and rock da boat.

When the RAMP does come out (when?), you know that the CBD is going to file suit over something in it. At the same time, the ASA is going to file a suit over something in it also. The hope being that the two suits will be co-joined (is this what is legally called a bifurcated trial?). That way, the ASA will be a full member of the suit and won't be an intervenor party. According to the ASA attorney at the last ASA BOD meeting, the lawsuits and stuff could carry on for as long as 15 more months. That truly sucks, >:< but if we're going to beat them at their own game this is the way it's going to have to be played out.
Even if the RAMP comes out and it's truly in "our" favor, the m*****-******g CBD will file injunctions of some sort to still attempt to keep us off OUR land.
The wheels of justice turn very slowly, but they do turn.

TIME, TIME, TIME, it's on our side, yes it is????????????? I'm starting to wonder!


LIVE FREE OR DIE!

keep it up, dezfan! That's the first step towards actually thinking!!!

Like he'd know.

Crawl out of that fairy tale you live in and then you can tell me about actually thinking! >:< >:< TROLL! >:< >:<


LIVE FREE OR DIE!

Slappy, I know you are just being fair by allowing the troll here. But enough is enough. I can see allowing someone who legitimately disagrees with OHV use but all this one does is to put people down, angering them into personally attacking him and then playing the poor victim. He also will not stick to a topic and quite frequently derails what could otherwise be a constructive discussion. Please, ban him.

Naa...let him or her or them stay...For me it's a sick form of comic relief! :rollsmile: :rollsmile: :dis: :dis: :dis:

All you have to do is get dezfan Numero Uno to take some Prozac to calm him down!! >:< >:< >:< >:< >:< :bash: :bash: :bash: :bash:

You are entitled to your [wrong] opinion as I am mine. I think he needs to go. Ultimately, it is Slappy's decision, he pays the bills.

This is actually one of the strongest arguments for staying out of the closed areas right now.

The judge in the initial lawsuit has come a long way and if he knew then what he knows now the closures would most likely not have been as big as they are, if at all.

What we want is for the judge to recognize how much we've sacrificed and when the RAMP comes out and the CBD fights it, he'll at the very least make the closures of more reasonable size (and of course eliminate the "small" central closure altogether). We've certainly proven that even when you take half of our riding area away we can behave ourselves (to protect the rest of our area).

Bottom line is the CBD doesn't have the bite it once had, in the courtroom or out, and we hope the defendants and intervenors in the initial lawsuit take full advantage.

So Bluesky is now a "Dune Master" w/ four quads!?!?!?!?!?!?!?!?!?!?!?!?!?!?!?

>:<

WTF Slappy!

>:<

Something needs to be done about this!

Back to the topic:

I find it ironic that the FWS needs to be SUED to do their job that OUR tax money pays for! This is rickenfrediculous!

CBD=
Sierra Club=
BLM=
FWS=

Her's one for the ASA-

GO GET EM' BOYS

My feelings exactly!!

Why isn't USFWS or the BLM funded adequately to do the job they are mandated to do??







Oh yeah, I forgot...so we can give back millions of tax dollars to rich people!!

did I say millions?

I meant billions!

did I say billions?

I meant trillions!!!!

But is what you meant was this :"So they can give back to the the taxes that the richest people have paid, UNFAIRLY".. You know how much Shaquille Oneal payed in taxes last year?? $6,000,000. Now I dont feel sorry for the guy by any means, but hey, he payed a hell of alot more in taxes than I did, so why shouldnt he get a hell of alot more back??? Its OUR MONEY, not the Governments...

Dont be a hater, just because you dont have any skills, dont make a decent wage, and have a heart filled with hatred does not mean you have to hate us that do have those things..

Dont hate the player, hate the game. YOu really should look into moving to Cuba, North Korea, or China, they like sheep like you. i wonder how youd look in grey...

RoostkIng...

Look up Blueho, the sky is falling!

Bluesky= :X: :X: :X: :X:

Class envy=Dems=Enviro-nazi terrorists! friends don't let friends vote democrap.

Just be mellow! Oooooommmmmm, Ooooooommmmmm, Melllllooooo! Hey it works! :wink: :roll2: :shock: :shocked: :cheese: :dis:


LIVE FREE OR DIE!

Hey ROOSTKING. good point.. I always try to tell peeps but NO.. they dont listen..

2% of the population pays 80% of income taxes.. Thats right.. all you have to do is look at the AVG house hold income to realize the median does not really contribute all that much when you take in to account people like athletes and bill Gates..