After nearly 18 months of hard-fought litigation, EcoLogic
Partners, Inc. ("EcoLogic") has prevailed in its California Environmental
Quality Act (CEQA) lawsuit against the California Department of Parks and
Recreation ("State Parks") over the closure of recreational vehicle
routes in Truckhaven (also known as the "Freeman Property").
On Oct. 16, 2012, Judge Jeffrey Jones of the Imperial County
Superior Court issued his final judgment in the action, finding that State
Parks violated CEQA when it approved a "boundary signage and fencing"
project without first analyzing whether and to what extent the project would
have adverse impacts on natural and recreational resources. As a result of
the Court's ruling, State Parks' decision to approve the boundary signage and
fencing project has been set aside.
State Parks first approved the project on Feb. 8, 2011,
claiming that it was "categorically exempt" from CEQA because it only
involved the installation of signs and fences. EcoLogic brought suit
alleging that the project had the obvious, if not intended, effect of closing
pre-existing recreational vehicle routes--a discretionary action for which no
CEQA exemption exists. Both parties submitted extensive briefing to the
Court, which held two hearings on the merits of the case. Ultimately, the
Court ruled in EcoLogic's favor:
"As is acknowledged by respondent [State Parks], a
major component of the project is the closure, or opening, of roads to
vehicular travel ... . It is beyond argument that the determination of where
roads are is a determination likely to have a significant effect on the
environment.
"Respondent's implicit determination that designation
of traversable roads and trails is categorically exempt from CEQA review is
unsupported by any evidence in the record.
"For the foregoing reasons, the petition is granted."
Later the Court is expected to execute the Writ of Mandate
setting aside State Parks' decision to approve the boundary signage and fencing
project. The practical effect of the Writ is to reopen those trails which
were either closed or slated for closure as part of State Parks' decision from
February 2011.
As the prevailing party in the litigation, EcoLogic will now
seek an order from the Court directing State Parks to pay EcoLogic's attorneys
fees and costs. For additional information, please contact attorney David
Hubbard at (760)
431-9501 or dph@ecobalance.biz.
Ecologic partners is; Off Road Business Association
(ORBA), American Sand Association (ASA), and American Motorcyclists Association
(AMA) District 37 Off Road. (Additional funding for the lawsuit was provided
by; San Diego
Off Road Coalition, Tierra Del Sol 4 Wheel Drive Club, and the California
Association of 4 Wheel
