Off-Road Vehicle Interest Can't Run Over Environmental Concerns

Wednesday, January 09, 2019 5:52 am
 
January 2019 - Volume 47 Number 1
 

Utah Shared Access Alliance v. Carpenter, No. 05-4009, 2006 U.S. App. Lexis 23745 (Sept. 19, 2006)

The U.S. Court of Appeals for the Tenth Circuit upheld restrictions that the Bureau of Land Management (BLM) imposed on off-road vehicle (ORV) use on federal lands in the state of Utah. In doing so, the court cited the importance of BLM’s duty to maintain the environmental integrity of lands under its jurisdiction.

Facts: Utah Shared Access Alliance (USAALL), an ORV advocacy organization, brought suit under the Administrative Procedure Act (APA) after BLM imposed several restrictions on ORV use in certain Utah counties. The restrictions purported to exclude ORV traffic on federal property in order to limit degradation of natural resources and to protect animal habitats. USA-ALL alleged violations of multiple federal statutes, including the Federal Land Policy and Management Act (FLPMA), the National Environmental Policy Act (NEPA), the Federal Advisory Committee Act (FACA), and the National Defense Authorization Act (NDAA).

The district court, finding in favor of BLM, concluded that BLM had not violated any of the statutes. That court also found that U[..]

Subscribe
×

Dear Valued Customers,

We regret to announce that ProEdTech LLC and all its affiliate brands will cease operations on April 1, 2019.

We are no longer able to fulfill online orders. We will fullfill all DVD and book orders already placed.

Customers of canceled webinars and subscription products may request a refund at (800) 223-8720 or service@proedtech.com. You must do so by April 1, 2019.

Thank you for your business and loyalty over the years. We sincerely apologize for any inconvenience caused.


Best regards,
The ProEdTech Team