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Showing posts from May, 2012

LEGAL-EASE 101: INTERVENING IN COURT AND WHAT IT MEANS

You may have heard about one of our off-road groups "intervening" in a court action.  This is not the same as filing a lawsuit.  Herein we will explain what it means to be an "intervenor" in a court action, and why it is an essential part of our access efforts. Legal actions can be described as offensive and defensive.  To intervene is a defensive maneuver that can save the day for us, by ensuring we have a seat at the table when recreational decisions are made. The core of the defensive maneuver is the "defendant Intervenor" play. Off-roader organizations intervene in lawsuits filed by the anti-access crowd as a defendant. Sometimes, we can mix the offensive and defensive play as well. This is an excellent way of making sure no federal judge makes a decision (about our trails and our sports) without hearing from the people who use them. An Intervenor allows the OHV community to directly oppose the arguments made by the radical anti's. Specific...

WHAT DOES IT MEAN TO HAVE STANDING IN COURT

"STANDING" IN COURT AND NEPA - WHAT DOES IT MEAN? To have a seat at the landuse table when the big decisions are made about your trails, roads and riding areas, you must have "standing" in the NEPA process (and subsequent, if any, legal battles). You as an individual off-roader, are best usually represented by an organization such as your state association, national group or large umbrealla national group --the BlueRibbon Coalition You must show up and sign in to public meetings. Your name needs to show up on documents and official paperwork. You have to show that you (and/or your sport) have been "harmed." You do that with a very specific process (along with help from your local, state and national off-road groups). The whole story here:  http://www.delalbright.com/Articles/legal_standing.html

SPORT-SPECIFIC OFF-ROAD GROUPS

 I am writing to share my personal observations about the importance of a sport-specific state and regional associations like, for examples, the California Association of 4Wheel Drive Clubs (CA4WDC) in CA, or District 36 or 37 of the American Motorcyclist Association, or the Northeast 4WD Association, or the Colorado Association of 4WD Clubs, or the Arizona State Association of 4 Wheel Drive Clubs, or whatever state and regional association might be available to you.   Since my first published article about landuse and public lands in 1982 (yea, 30 years ago since I got in the fight), I have always preached the critical need of clubs and individuals belonging to “everything they can afford and that makes sense to them.” Nothing has changed.  The strength of our landuse fights lies in our clubs and organizations, supported by folks like you.  Now more than ever is the time to be in the game at the national, regional, AND state level. Obviously I b...