Under the Policy, RWAs are required to be managed as formally designated Wilderness, which in the Clearwater meant eliminating long-occurring snowmobile, motorcycle and mountain bike use.
The USFS submitted an "answer" to our complaint on November 9,2012. Normally, these "answers" don't really answer much, and wouldn't rate an update. However, this answer is more notable than most in thatit reflects a very detailed analysis of the complaint by the lawyers representing the USFS.
The USFS "answer" also included a conscious effort to denounce the existence of any "Region 1 RWA Policy."
- The Region 1 RWA Policy that may or may not exist is here.
- BRC's complaint is here.
- The USFS answer that denies the existing of the RWA policy is here.
The whole point of this suit is to find out which version reflects reality - ours or the USFS!
Since 2007, the RWA guidance has been revealed across numerous planning actions in various national forests in Region 1, but we consider the Clearwater Travel Plan the most thinly-disguised application of the RWA Policy to require on-the-ground closures by the agency.
The case will now move forward in the "housekeeping" phase. We anticipate Wilderness advocates will soon seek to enter the case as intervenors. We welcome and are flattered by their appearance, which hopefully reflects they take our case seriously. A scheduling conference will soon be calendared, which will prompt counsel to outline a litigation plan for the case. Under a typical schedule the agency will spend several months compiling the administrative record, and the merits will be presented through various motions roughly a year after filing of the complaint, i.e., Fall of 2013.
Sandra Mitchell, Public Lands Director of the Idaho State Snowmobile Association, said it best:
"Only Congress can designate Wilderness. For many years we have heard rumors the Northern Region was going to start illegally limiting their management options in potential Wilderness areas, effectively creating anew system of administratively designated Wilderness. In the Clearwater Travel Plan they have followed through on that vision. We cannot stand idly by and watch them change the long-established system for managing these treasured lands."
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