Many people are voicing complaints about the pending loss of their favorite trail and are threatening to file a lawsuit. Sounds simple. But, is it that simple?
Keep in mind, to file a lawsuit, you must have “standing” and prove that you are “harmed” by the decision. So, just what is “standing” and what is “harm”?
SAN FRANCISCO, CA - Recreational visitors observing a fine flaky substance this morning at the Imperial Sand Dunes Recreation Area (ISDRA) will be pleased to hear it is not snow but judicial manna. Barely a month following argument, U.S. District Judge Susan Illston of the U.S. Northern District Court of California yesterday issued a long-awaited decision on the 2013 ISDRA management plan, ruling almost entirely on the side of the Bureau of Land Management, U.S. Fish and Wildlife Service, and sand-rider organizations, and against the latest challenge led by the Center for Biological Diversity. The ruling sets the stage for implementation of the 2013 plan, which would allow resumption of access to areas placed off-limits to riders through “interim” closures imposed over a decade ago.
The litigation over riding at the ISDRA began in 2000, and has resulted in multiple trips to Judge Illston’s courtroom where BLM, USFWS, and recreation enthusiasts have suffered multiple setbacks. The 2013 plan followed lengthy public input and was designed in response to the Court’s 2006 ruling and new critical habitat designation by the USFWS for the Peirson’s milk-vetch (PMV), the plant species of primary concern at the Dunes. Preservationist plaintiffs raised an array of challenges under the Endangered Species Act and other laws to the new plan, but yesterday’s decision rejected those claims and upheld BLM’s plan, with the limited exception of finding that a recovery plan for the PMV is overdue and must be issued by 2019 unless the USFWS makes a specific finding that a recovery plan will not promote conservation of the species.
A copy of yesterday’s decision can be viewed at this link