COHVCO Land Use Issues and Litigation

COHVCO wins Billings Canyon Extreme 4WD Trail decision!

Thursday, June 10, 2004

A jeep makes its way across a trail strewn with large rocks and boulders on the Billings Canyon Extreme 4WD Trail. Photo courtesy Kevin Sperle.   “We won!” Those were the words emailed to the COHVCO board of directors on June 10th by D. Andrew Wight, COHVCO’s Staff Attorney. COHVCO has been representing the interests of the Grand Mesa Jeep Club (Jeep Club) in the Interior Board of Land Appeals (IBLA) proceedings on an “environmental” organization’s appeal of the BLM’s decision to construct an extreme jeep trail in the Bangs Canyon Special Management Area near Grand Junction. The Grand Junction Field office of the BLM had approved a project to construct the extreme jeep trail in Billings Canyon. The Jeep Club has been involved in this proposal for more than three years and has promised to adopt the trail and provide financial support, labor, and equipment time to its upkeep after it is constructed. The usual suspects, including the Colorado Mountain Club (CMC), internally protested the BLM decision, and their protest was denied. On May 5, 2003 the CMC filed a Notice of Appeal and Petition for Stay Pending Appeal with the Department of Interior Board of Land Appeals (IBLA) to stop the construction of the trail. (The IBLA is basically the Department Of Interior’s administrative appeals process, similar to the internal Forest Service process). The CMC was asking that the project be stopped while its appeal is heard, and, of course, that the approval of the project be reversed by the IBLA so that the trail is never constructed. The Jeep Club had requested the legal assistance of COHVCO in intervening in the CMC appeal and fighting the CMC to ensure that the trail becomes a reality. The COHVCO Board approved of COHVCO’s participation in late 2002. On May 15, 2003, COHVCO filed a Motion to Intervene in the CMC’s appeal on behalf of itself and the Jeep Club. On May 16, 2003 the motion for extension was granted. The first week in June 2004, the IBLA informed Andrew of the denial of CMC’s appeal, thus, the “WE WON” email. Indications are the CMC will not appeal this decision, mainly because they did not have solid facts to prove the trail would cause severe resource damage. The trail is mainly up a rocky wash similar to the Independence Trail in Penrose. The Grand Mesa Jeep Club is to be congratulated for taking the initiative in organizing and pursuing the opening of a new trail in Colorado. The trail is scheduled to open in June or July of 2004. For additional information, contact the Grand Mesa club’s Roy Joseph at 970-241-6250.

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