SailAway
Jun 25 2003, 04:12 PM
Judge Brewster handed down his decision on the lawsuit alleging the BLM failed to comply with NEPA procedures when they put up those nasty closure markers.
The parties in the case brought Motions for Summary Judgment --
| QUOTE |
| MOTION FOR SUMMARY JUDGMENT - A request made by the defendant in a civil case. Asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense. Typically made before the trial. |
The judge ruled in favor of the defendants and defendant-intervenors and against the plaintiffs.
We lost this round :cry:
The ASA has created a link to the court's order: http://www.americansandassociation.org/doc...MotionForSJ.pdf
Vicki
Slappy
Jun 25 2003, 05:38 PM
[img]http://www.glamisdunes.com/images2/slappised.jpg[/img]
DAMMIT :x
Dunetamer
Jun 26 2003, 11:19 AM
Interesting that the court found that the BLM didn't violate NEPA. Unfortunately this could set a bad precedence for future court cases. The way I see it, the courts now allow BLM to modify their use plans to "save" threatened species without complying with NEPA, thus absolutely no input from stakeholders/concerned citizens.
That's one for the bad guys.
Esco
Jun 26 2003, 11:29 AM
I just read the newspaper article about this >:< >:< >:< >:<
ZukiFreak
Jun 26 2003, 11:39 AM
Man that is aweful. major setback... I wonder if this will assist the CBD in their lawsuit against the new RAMP?
SailAway
Jun 26 2003, 11:50 AM
| QUOTE |
| Man that is aweful. major setback... I wonder if this will assist the CBD in their lawsuit against the new RAMP? |
It is awful and it will be spun wildly by the bad guys as being a major victory, but it is not that major of a victory.
No judge likes to challenge another judge, and most likely the combination of the impending RAMP (with repeated emphasis by the BLM that the RAMP will make the lawsuit moot) and the unwritten law of not challenging a fellow judge was just too much for this case.
Will it assist the CBD? Only as a fundraising tool. Other than location, the cases are totally different. The newest CBD lawsuit is against the biological opinion, not the closures themselves.
Vicki
stonehenge
Jun 26 2003, 01:14 PM
:cry:
JET
Jun 27 2003, 06:05 PM
It all kind of makes you wonder though; who knew what and when?
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