John as I see it, and no I don't know all. It seems as though from what I have seen we have a good argument on why the trails should stay open. We have spent the money to obtain new technology type ascertain of what is or is not going on with the water quality in the Tellico trail system. We have a plan in hand as to what needs to be done to improve it.
Correct!
With all of this as far as I know the forest service has not at any time give us reason to believe that they would side with us.
Correct!
So we (southern and BRC ) has talked of bringing suit. We did at one time and then back out of it, again, pending the FS decision.
We did talk of bringing suit. In fact we followed the federal regulations and legal practice by filing a Notice Of Intent (NOI) to sue the FS. This is a 60 day notice of our intentention to bring legal action. It can also be viewed as a legal ploy, which is how I see our filing. This says in effect, we're serious, you better get moving. However, as there were still several avenues of administrative and procedural steps to follow, a suit at that time would have been thrown out of court due to due process not being followed. So, we dismissed our NOI "with predjudice" meaning in legal terms that we could reinstitute our suit at a later date.
And even then, they (FS) never stood by what they have said and always drug the decision out, and not giving the decision when they said they would. IMHO that right there gives us all an idea of how they feel about it.
Correct. Just big government in action and another FS and TU ploy to divide us, which seems to have worked.
So thats what I mean, bring the suit, take it to court and be well prepared. Do it, and let it be done once and for all.
Again, until all the NEPA, EA process has been followed, no suit can be legally filed. There are many rules and regulations that must be followed and hoops jumped through! Until the entire process comes to an end, including administrative appeals, appeals decisions made and final decision made by the AO (Appeals Officer) nothing can be done. This frustrates all of the 4wd community and works in the FS and TU favor because as the process drags on and on and we appear to be losing, the average 4wd Jane & Joe are moving on with their builds, rides and lives.
I agree with the feeling that this may be a lost cause. It is very possible. However, if you go through all the info I've waded through in the last few weeks, appeals are upheld sometimes. Marisue has been overturned before! It is in the realm of possibility that we can win this thing in the end. But the end is a long way off!
For me personally, the issue isn't Tellico OHV closing. The issue is that the FS has an agency, USDA, mandate to manage the FS for public use. OHV trails are an approved agency use. The NC FS has mismanaged their responsibility to maintain these OHV trails for public use. Now they want to close them as a way of shirking their responsibility! I for one am not going to buy that! Tellico trails or not, I'm tired of the government riding roughshod over the very people they are working for. Therefore, even though the odds are small, I will keep fighting for what I believe is right, and what the FS has done in mismanaging the Tellico OHV area is wrong!