By BlueRibbon Coalition
Denver, CO
-- Recreation advocates last week welcomed news that a federal court in Colorado refused to grant a motion to immediately
close 14 popular trails near the Rico-West Dolores area in southwest Colorado.
Backcountry Hunters and Anglers, Colorado Chapter, had filed
a lawsuit challenging motorized access in the Rico West Dolores area of the San Juan National Forest. Earlier this
spring they moved for a preliminary injunction seeking a court order closing 14
trails to motorized use. According to their papers, the injunction was
needed in early June to prevent irreparable harm that would be caused by
resumption of historical use of the trails after snowmelt. Plaintiffs
therefore requested a hearing on their motion before early June. The
preliminary injunction and voluminous associated filings were vigorously
opposed by the Forest Service and intervenors Colorado Off Highway Vehicle
Coalition (COHVCO), Trail Preservation Alliance (TPA), San Juan Trail Riders
(SJTR), Public Access Preservation Associational (PAPA) and the BlueRibbon
Coalition (BRC).
On May 24, the Court held a hearing to consider "the
request for a preliminary injunction hearing." After considering
statements from counsel for all parties, the Court minutes state,
"(n)o hearing will be set at this time." The Court set a
schedule for presentation of the merits of the case, under which the
final brief will be filed on Aug. 17, 2012. The minutes further state
"(i)f the Court deems oral argument necessary, it will set that
hearing."
As a result, it is apparent that no injunction preventing
continued motorized travel on the 14 trails will be entered at this
time. Access on those trails and other portions of the Rico West Dolores
area will be continue to be managed by the Forest Service under existing
regulations.
Selected documents from the court file are located here: http://www.sharetrails.org/legal/rico-dolores
