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Suit to End Era of Ruinous ORV Open-Riding at Ocotillo Wells

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  • Suit to End Era of Ruinous ORV Open-Riding at Ocotillo Wells

    It never ends. Another wonderful example of a public sector employee union vs our rights.



    Suit to End Era of Ruinous ORV Open-Riding at Ocotillo Wells

    Published on May 21, 2013 - 12:45:18 PM

    By: Public Employees for Environmental Responsibility (PEER)

    SACRAMENTO, May 21, 2013 - The California Department of Parks & Recreation has let off-road vehicles run amok in its largest off-road park, in violation of state resource protection laws, according to a lawsuit filed today by Public Employees for Environmental Responsibility (PEER) and the Desert Protective Council (DPC). If successful, the suit would end ORV "open-riding" beyond designated trails and require the park to implement strategies to protect the park's rich archaeological resources and desert environment.

    Ocotillo Wells State Vehicular Recreation Area (SVRA), located in southeast San Diego County adjacent to Anza-Borrego Desert State Park, allows off-road driving on all 85,000 acres except for a few areas fenced for protection of archaeological sites and rare plant communities. Its open-riding policy means that off-road riders may drive anywhere they want whether a trail exists there or not. Even in the 20,000 acres of the SVRA where State Parks has a decades-old agreement with the BLM to limit riding to designated routes, rangers have never issued a citation for an ORV-rider leaving established trails. To make matters worse, the park unit does little trail maintenance on the hundreds of miles of park and user-made trails carving up the easily damaged desert.

    California PEER Director Karen Schambach noted that her organization has repeatedly alerted the new departmental leadership of the problems at the park, including a formal notice of intent to sue, to no avail. "Internal audits going back to the mid-90s found widespread illegal degradation but the Department has just shrugged, deferring any changes until a new General Plan is completed. That General Plan update, promised since 2007, never seems to get done. We will not sit back and wait until the park is totally bereft of plants, wildlife and cultural resources." Under California natural resource statutes, the park has an ongoing duty to protect the desert resources regardless of the general planning process.

    The suit, filed by attorney Michael Lozeau of the firm Lozeau Drury LLP on behalf of the groups, maintains that the open-riding at Ocotillo Wells violates statutory mandates to protect desert soils, plants, wildlife and archaeological sites. The complaint, filed in Sacramento Superior Court, cites internal documents detailing how the open riding policy is wreaking resource havoc:

    - Unrestricted ORV traffic has caused widespread erosion and other damage to desert soils;
    - Plant life in Ocotillo Wells is completely unprotected; environmental scientists at the park have been calling for a designated route system for years as they documented the park's ongoing loss of vegetation;
    - Ocotillo Wells is home to more than 1,200 archeological and historic sites, very few of which have restricted access, leaving these important cultural resources to the mercy of off-roaders.

    "Compounding the damage, what little trail ‘maintenance' occurring on Ocotillo Wells trails consists of grading, which actually accelerates soil erosion. This undermines the very purpose of the state statutory requirement for trail maintenance: mitigating soil erosion." stated Terry Weiner, of the Desert Protective Council.

    The Ocotillo Wells lawsuit, in essence, contends that core park management policies are illegal. Historically, California courts have been willing to intervene to curb poor management and excessive resource damages at State Vehicular Recreational Areas, the eight-unit system operated by the Department's Off-Highway Motor Vehicle Recreation Division.

    Complaint
    PEER Letter to DPR


    http://yubanet.com/california/Suit-t...9#.UZ0-CeS-rEm
    holes = cowbell

  • #2
    "Compounding the damage, what little trail ‘maintenance' occurring on Ocotillo Wells trails consists of grading, which actually accelerates soil erosion."


    So wait, why would someone grade an offroad trail? it's offroad, right?
    [COLOR="#FF0000"]R[/COLOR]edneck [COLOR="#FF0000"]D[/COLOR]riveway [COLOR="#FF0000"]F[/COLOR]ab
    www.DanielBuck.net - www.DNSFAIL.com - www.FurnitureByBuck.com

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    • #3
      Just like Woody Guthrie said : This land is your land.

      Chorus:
      As I was walking' - I saw a sign there
      And that sign said' - no tress passin'
      But on the other side .... it didn't say nothing!
      Now that side was made for you and me!

      And I live that way. unless it is private land.
      IN A LAND OF FREEDOM WE ARE HELD HOSTAGE BY THE TYRANNY OF POLITICAL CORRECTNESS!!

      Better To Burn Out Than To Rust Out!

      Comment


      • #4
        Sometimes you gotta look and see if any Sierra Clubbers need your help.
        Rich

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        • #5
          Well, time to sharpen ANOTHER pencil... God I'm getting tired of writing letters to representatives that don't give a f__k.
          [CENTER][COLOR=#ff0000]Resistance Off Road
          [/COLOR]Join the Resistance...
          http://www.resistanceoffroad.us[/CENTER]

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          • #6
            Originally posted by daniel_buck View Post
            "Compounding the damage, what little trail ‘maintenance' occurring on Ocotillo Wells trails consists of grading, which actually accelerates soil erosion."


            So wait, why would someone grade an offroad trail? it's offroad, right?
            There are some dirt roads going to camping areas and Blow Sand and various areas that seem to get graded from time to time. It's desert, with everything from a giant sand hill (Blow Sand), and dunish stuff to washed-out badlands moonscape and rocky/ sandy areas. Massive erosion caused by wind and water is what made the place, and what characterizes it. It's like saying "We don't want powerboaters running amok out on the ocean, because they cause waves."

            Unchallenged, these groups won't relent until they've taken all the land, and you won't be able to piss on your own property without a permit.

            As far as the lawsuit is concerned, it's possible that off-road groups and such could file amicus curiae (friend of the court) briefs, or even join in a third-party action.
            holes = cowbell

            Comment


            • #7
              Originally posted by RAT View Post
              Well, time to sharpen ANOTHER pencil... God I'm getting tired of writing letters to representatives that don't give a f__k.
              Not quite true. We have a great supporter in Paul Cook.
              Rich

              Comment


              • #8
                These people don't realize what an off road park is supposed to be. If they don't like whats going on out there they can stay home and enjoy the A/C.
                :gun: my rifle is not illegal, it's just undocumented... :gun:

                Comment


                • #9
                  Originally posted by RAT View Post
                  Well, time to sharpen ANOTHER pencil... God I'm getting tired of writing letters to representatives that don't give a f__k.
                  Thanks for writing all the same.
                  holes = cowbell

                  Comment


                  • #10
                    Originally posted by Kodiak Spirit View Post
                    These people don't realize what an off road park is supposed to be. If they don't like whats going on out there they can stay home and enjoy the A/C.
                    I agree, but I also imagine that considering PEER filed the lawsuit, its involvement was probably at least initiated by public employees who work in and around the park. They'll still get to enjoy it, without all the rabble. Even better, more positions will be created within certain departments and agencies to help micromanage the place and its visitors.
                    holes = cowbell

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                    • #11
                      Would love to see Gen Patton's answer to this crap, since his troops trained all over that area.
                      Fuk'n pin-heads with no life want to close one of the very best off road areas there will ever be.
                      LG
                      Hav'n you along, is like loose'n 2 good men....

                      Comment


                      • #12
                        Santo Road in San Diego/ Tierrasanta does not go completely through to Mission Gorge Road, because both sides of it dead-end around a protected habitat area. In this area grows a fragrant little weed called mesa mint, and in the rainy season there are truck tire ruts that fill up with water, forming "vernal pools." Little critters like fairy shrimp and spadefoot toads live in these pools and go dormant when they dry up.

                        Mind you, this whole "sensitive" area sits atop what must be an old trash dump, because the ground is full of steel junk. My team swept it for ordnance, but except for the junk protruding from and laying on the ground, we never found out what was in there, because no digging ever took place--we just counted "ring-offs." Actually, there were so many thousands of ring-offs, we couldn't even count them or hardly tell them apart, so we before we got very far we just started estimating numbers and logging those.

                        The larger area was once part of Camp Elliot, which was a huge Marine Corps base for over 100 years. We found lots of junk and trash pits.

                        I think the whole thing is the perfect cover-up (literally). I think Jimmy Hoffa is buried in his car there.
                        holes = cowbell

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                        • #13
                          Shared the OP with the SoCal FJ forum - hope you don't mind.

                          Apparently there was a meeting tonight between the higher powers on our side so we'll see what comes from it..

                          Comment


                          • #14
                            Originally posted by Bobbynelson0730 View Post
                            Shared the OP with the SoCal FJ forum - hope you don't mind.

                            Apparently there was a meeting tonight between the higher powers on our side so we'll see what comes from it..
                            By all means--shout it from the rooftops! I found it on another forum too--probably pirate or racedezert. If you get any news about that meeting, please update us. Thank you!
                            holes = cowbell

                            Comment


                            • #15
                              No problem, thank you for the links.

                              Here is what I posted over there. So far the best info I have been able to get has been sourced from Facebook. No real meeting "minutes" have been posted but someone made a petition so pass that along with the letters/calls to our representaives.

                              Originally posted by bobbynelson0730
                              Ok so a little progress. Below is a link to the petition set up to fight the lawsuit. Same as most, sign in a few minutes but now the min is 100,000. Spread this if you can.


                              https://petitions.whitehouse.gov/pet...state/dP751xyj

                              What makes the biggest difference however, is actually writing a letter or calling your representative. Below is the link for each elected representative, please write or call.

                              http://senate.ca.gov/senators

                              It's the actions of a few that affect the masses. But it takes the mass to make a difference in changing that perception. I think further action should be taken to preserve the land as sparky pointed out. We can't just fight each fight with no plan of action to keeping this from happening again. However a start is a start no matter how small.

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