Coalition Fights Plan to Reopen Dunes

Environmental groups decry policy reversal by BLM to allow access to off-road vehicles.

By Julie Cart
Times Staff Writer

July 4, 2003

A coalition of a dozen national conservation groups is fighting the U.S. Bureau of Land Management's plan to open all but a small portion of the Imperial Sand Dunes to recreational vehicle use, continuing a protracted legal battle over access to the 160,000-acre dunes east of San Diego.

The conservation groups, which claim more than 2 million members, filed a protest with the Department of the Interior this week opposing the BLM's decision to abandon a 3-year-old policy that set aside about 50% of the dunes to protect rare plants and animals.

A handful of off-road vehicle groups previously lodged a protest against the proposed management plan, which was announced last month. Those groups are unhappy that the policy — which would allow vehicle access to more than 100,000 acres of the dunes — still bans off-road driving on more than 50,000 acres of protected areas.

The protests will be considered by the BLM, which is expected to officially adopt the plan next month.

The Imperial Sand Dunes is the most popular off-road recreation area in the Southwest. As many as 250,000 visitors congregate there on busy weekends, creating a regional law enforcement headache. Earlier this year, the California Off-Highway Motor Vehicle Recreation Commission denied the BLM more than $1 million in state funding, accusing the agency of poor management of the dunes.

The Sierra Club, Wilderness Society and several other conservation groups said they will challenge the agency in court if it doesn't protect more of the dunes. "They are blowing off so many environmental laws, they are vulnerable legally," said Karen Schambach, director of the California chapter of the nonprofit Public Employees for Environmental Responsibility.

She said the decision runs afoul of the Endangered Species Act, Clean Air Act, National Environmental Policy Act and National Historic Preservation Act, among others. A federal judge last week dismissed a lawsuit brought in January by off-road interests that had argued there was no legal justification for the original closures.

At issue is protection for the Pierson's milk vetch plant and the desert tortoise. Both are classified as threatened under the federal Endangered Species Act. The U.S. Fish and Wildlife Service has judged that the primary threat to the purple plant is off-road vehicles and recreation in the dunes. Off-road organizations contest that finding and are petitioning to have the plant taken off the list.

It is but one of the potential legal strategies recreational riders say they will pursue to gain access to more of the dunes.

"Both sides are unhappy. We are as unhappy as they are," said Mark Harms, legal chairman of the American Sand Assn., a group representing dune riders. "Twenty years ago, we had 80% of the California desert. Now it's in the neighborhood of 3 1/2% to 4 1/2%. If they are going to go to
court, we are going to go toe-to-toe with them."

(At issue is protection for the Pierson's milk vetch plant and the desert tortoise.
250000 people on big weekends.)

What am I missing here??????? How can you go to court and throw out numbers and so called facts and omitting things or having solid information to file a law suit ????????? I sure don't understand it. How they never mention the Wilderness area on the north side of 78. Has anyone living ever seen a tortise up in the dunes??????? No. They could not get around for one thing and they tend to stay in the grouth areas for protection from the crowsand other preditors.
I am one for helping save a animal if it needs saving , but I want it to be based on true facts , not just because someone says it. Like the Lynks hair and the false info on the tortise and all the other junk or lies for a better word these people put out. I just don't understand how you can make a claim of anykind with no proven facts and have a court accept a lawsuit!!!!!!!!!
Is it just the way California has gotten to this point they are afraid of the extremist groups and jump to kiss their butts everytime one of them snivels!!!!
Where have our rights gone?????? What chance do we have in injoying our choice of life and hobbies??????? I think I'll just go and file me a lawsuit because these petty judges and these extremist fools are infringing on my rights. I have all the proof needed to file all you have to do is onpen your eyes.
My fear is , you can't get enough people to stand together to fight these foolsand we are the ones who lose. I see the need for some real changes to be changed in the court and the laws or rules need to be looked at. How much do these extrem fools pay these judges??????
Sorry for the rant, just burns my hide cause I seen what these fools can do to mess up your life and take away your freedom. We should be fighting here in our own country instead of someone esles. Our rights are being taken away bit by bit and no one cares to stand up for our rights. The governor of Ca screwed up now they want us to pay.
I still don't get it. The court systems and laws are suppose to based on the facts not fiction.

And now it is "250,000"? It is amazing how that number grows each time they print it.
And I love the part about how it was the "BLM's decision" to implement the closures!
Pure BS..... :x
Julie

land of the free?