COHVCO Land Use Issues and Litigation

COHVCO Gets its Day in Court

Wednesday, March 24, 2004

COHVCO Staff Attorney D. Andrew Wight, center, after the Molas Pass hearing with Silverton Snowmobile Club members Laura & Bill Alsup and Colorado Snowmobile Association members Jim Lokey and Mel Wolf.   On Friday March 19, 2004, COHVCO’s attorney, Andrew Wight, faced off against the federal government’s attorney and one representing the Colorado Mountain Club and other groups in the Molas Pass case. Wight represented the Silverton Snowmobile Club, the Colorado Snowmobile Association and COHVCO. This 2001 case involves the closure of a key tract of land in the Molas Pass area, near US Highway 550, and bounded by the Weminuche Wilderness area to the Southeast. The closure impairs snowmobiling in the area, as it is a key passage and playground area. Laura and Bill Alsup of the Silverton Snowmobile Club, Mel Wolf of the Colorado Snowmobile Association, Jim Lokey of Red Mountain Cabins and Snowmobile Tours, and COHVCO Board member Dennis Larratt were in attendance. This administrative case was heard by Judge Blackburn, and will be ruled on by him in the coming weeks or months. While Judge Blackburn is fairly new on the federal bench, he appears to be very astute and has shown that he is more interested in justice than appearances, after sending three nuns to prison for their illegal protest activities. Mr. Wight argued the case largely on the basis of the USFS not following established, required procedures for making the closure. He also noted that the defendants’ brief characterized our position as "a preference", but that snowmobiling is the very essence of existence for the Silverton Snowmobile Club and CSA, and therefore was not simply a preference. The 6 claims included: that the USFS relied on vague, unsubstantiated claims of user conflict; protection of potential lynx habitat, when a lynx MAY have been sighted approximately 10 miles from the subject tract; and that the USFS did not follow procedures required under NEPA (National Environmental Policy Act), and FLPA (Federal Land Policy and Management Act) procedures. The federal attorney and the intervenor’s attorney argued that the government had full jurisdiction under various policies and regulations. COHVCO presented a good case, and we must now wait for the judge to make his ruling. These cases are long, slow and expensive. Please show that you support our efforts, and protecting YOUR privilege to recreate on public lands by making a donation to COHVCO today.

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