American Sand Association

Dear EcoLogic:

Things continue to be very busy on the pre-litigation and litigation front. Here's a summary:

1. ISDRA Litigation. We obtained a short extension from the Court and are now finalizing the Remedy Stipulation, a draft of which you have seen. I have notified DOJ and CBD that the stipulation, while faithful to our discussions, has one major flaw -- the deliverables described in paragraph 5 (EIS, BO) have no timelines attached. I expect to see a revised draft of the Stipulation later this week.

2. EcoLogic v. County of Riverside. We are working with the Court and County Counsel to streamline this case so that it can be resolved quickly with minimal expense to both parties. We believe this can be done by focusing the litigation on the one key legal issue -- whether the proposed noise ordinance is inconsistent with the Noise Element of the General Plan. We should be coming to a decision on this point within the next couple of weeks. Then we can set a date for the hearing, which will probably be sometime in the late fall 2006.

3. EcoLogic v. State Parks (Coyote Canyon): This case has been relatively dormant over the last few months, owing to a court-requested delay. But things are now heating up again. I am in the process of preparing the brief we need to file opposing State Parks' demurrer to the complaint. (A demurrer is akin to a motion to dismiss). The demurrer is set to be heard the first week of August, and much, if not all, of the case will turn on the court's ruling. If the demurrer is granted, we are out of court and the case goes away. If we the judge denies the demurrer, the case lives on and we will have an opportunity to have the case decided on the merits.

4. EcoLogic v. OHMVR Commission: After a number of months of delay, it appears that all parties now have adequate (meaning non-conflicted) legal counsel and the case can move forward. I have informed lawyers for the Division that we will be dismissing those claims relating to the grants and the evaluative criteria, leaving just the claim challenging the Desert Riparian Policy. This should help streamline the case and keep costs down.

5. NEMO and NECO Litigation: We have now reviewed BLM's response to our request to reopen specific routes and use areas. By all accounts, that response is inadequate. BLM insists on keeping certain routes and areas closed despite no evidence of OHV-related resource damage. I am currently in communication with the BLM lawyer about this and will attempt to obtain from them a more realistic counter-offer. If no settlement can be achieved, this case will likely go back to the Court for a ruling.

6. CBD 60-Day Notice (Possible Litigation Challenging Multiple Biological Opinions): I continue to review and analyze the Biological Opinions identified in CBD's 60-Day Notice. I have finished with most of the important ones, save the WEMO BO, which is 198 pages long. I have started on this one and am taking my time with it because it covers (1) so much Desert tortoise habitat, and (2) so much important OHV use area. When I complete my review, I will be coming to you with a recommendation for future action on this potential piece of litigation.

I have also been spending time on a variety of other issues, including the proposed Wilderness Area bill sponsored by Congressman McKeon, the proposed Baldy Mesa plan, the desert tortoise delisting petition, and the petition to remove the Peirson's milk-vetch from the California list of threatened and endangered species.

As new issues arise, I will inform you of them.

I love it when they take them to court for us

The 5 partners are:
American Motorcyclist Association Dist 37
Off-Road Business Association
California Off-Road Vehicle Association
American Sand Association
San Diego Off-Road Coalition

Is EcoLogic soliciting for more group participants? Or, are they happy with the current roll?

It's just that I'm surprised that we don't see more on this list. Even some groups that I belong to -or- have considered joining are not on the list Confused
When we have an AMA Dist 37 [a group outside of the Dune Kamp] on-board with us, why aren't we seeing more Dune Groups participating like this?

Where on the list is Yamaha, Honda, Suzuki, Kawi? Are they aware of whats going on or are they too pc (candy ***) to fight for their industries survival? After all the $$$$ that all of us have made them, isn't it time they said thank you?

http://www.polarisindustries.com/en-us/ATV/News/PolarisTRAILSGrantProgram.htm

Grant applications will be reviewed three times per year -- in April, August and November, with corresponding submission deadlines of March 1, July 1 and October 1. Organizations may apply for two grants per year and all organizations must be 501c3 non-profit organizations

all organizations must be 501c3 non-profit organizations