Judge Johnson ruled against NMOHVA's lawsuit on the Santa Fe National Forest's travel management decision. Ironically, in his decision, Judge Johnson specifically agreed with us that the Forest Service broke the law because their "no action" alternative in the Environmental Impact Statement (EIS) is illegal. It violated NEPA laws. This issue was NMOHVA's main point in the lawsuit. The decision is based on the EIS, and the EIS is based on the "no action alternative".
Somehow, the judge decided that the "no action alternative" was illegal, but the decision was not. You can read the judge's Decision and Opinion on NMOHVA's web page at www.nmohva.org
What's next? We are meeting with our legal team to discuss the possibility of an appeal to the 10th Circuit Court of Appeals. The NMOHVA Board of Directors will then decide whether to appeal.
YOUR SUPPORT IS APPRECIATED!
While this decision is a setback, the possibility of an appeal to the 10th Circuit Court of Appeals is not. If we had won the lawsuit, the Forest Service and environmentalists would probably have appealed the decision. NMOHVA's work is ongoing.
We continue our work to keep motorized access legal and roads and trails open on the public lands in New Mexico. Being able to make federal land management agencies follow the laws is a key component in that fight. Challenging them in court, if necessary, is a tool NMOHVA needs in our toolbox. We know that money is a precious resource and litigation is absolutely the last resort. Your donations support our work to keep the BLM and U.S. Forest Service "honest".