Oakland,
CA -- The BlueRibbon Coalition
(BRC), a national trail-based recreation group, wants to congratulate the
California OHV Program in a recent court victory to keep a popular state
managed motorized park open in the San Francisco Bay Area. The suit was
dismissed "with prejudice" under a recent stipulation, meaning that
it cannot be re-filed.
Late in 2009, two anti-OHV groups filed an action against California State Parks
and the Off-Highway Motor Vehicle Recreation Division, alleging violations of
state laws regarding water pollution at Carnegie State Vehicular Recreation
Area. The California Sportfishing Protection Alliance and Public Employees for
Environmental Responsibility filed the suit in the Superior Court in Alameda County alleging violations of state laws
regarding water pollution at the park.
The anti-access groups won an initial round in the Superior Court, but that
decision was reversed on appeal. In the meantime, the agencies have worked
diligently to address water quality to the apparent satisfaction of the
anti-access groups. The stipulation resolving the case makes clear it is not to
be construed for any purpose as an admission of liability.
Don Amador, Western Representative for the BlueRibbon Coalition, said, "I
want to thank the hard working staff at the Division and the thousands of users
who fought back against this unwarranted lawsuit. This whole case could have
been avoided if the anti-OHV groups had offered to work with the park in a
cooperative manner instead of filing a lawsuit to close the park down."
He continued, "The park and Central Valley Water Board are to be commended
for their patience and professionalism under difficult circumstances and they
set an example of how agencies can work together to address environmental
issues without resorting to litigation."
Read the Stipulated Judgment here:
http://www.sharetrails.org/uploads/Carnegie_Stipulation_2012.pdf