I like the Jamband related non- profits Headcount and Rock the Earth ect. so I try to spread around their stuff as much as possible. This is why you should pay more attention to this organization as they are fighting an uphill battle.
In an opinion issued on July 21st, the 9th District Court of Appeals in San Francisco re-affirmed the lower court decision that the National Park Service has discretion in allowing motorized rafts to operate on the Colorado River in Grand Canyon National Park.
In the case, attorneys for Rock the Earth argued that the Park is legally compelled to follow its own policies, and therefore the existence of motorized boats and helicopters for recreation is illegal in the designated wilderness area. The 9th District panel of judges ruled 3-0 to uphold the November 2007 decision of Judge Campbell of the District Court in Phoenix, Arizona, who ruled that the National Park Service (NPS) may manage as it sees fit, regardless of its stated policies.
Rock the Earth brought suit, along with its partner plaintiffs River Runners for Wilderness, Wilderness Watch, and Living Rivers, charging that the NPS has never found that motorized commercial services are necessary or appropriate, and that motor boats are not necessary for the public to use and enjoy the river.
Together with the Park's recommendation of the river corridor for wilderness designation, the groups also charged that the Park's own policies mandate that the Park must manage as if it was already designated. Further, the groups argued that the NPS violates the Organic Act in that the overwhelming numbers of popular summer launches are awarded to commercial concessions operations with no regard for the demand for those permits by noncommercial river runners.
Given the lack of rigorous review by the Court, as evidenced by the brevity of the Court’s decision (six sentences upholding the lower court decision), the plaintiff groups are currently considering whether to seek reconsideration from the Circuit Court, according to RtE President Marc Ross.
"The avenue of taking this matter to court was just one of several strategies," Ross said. "Over the past several years we have literally educated and inspired thousands to take action on this issue, and we are as determined as ever to win genuine wilderness treatment for the river, and fair access for noncommercial boaters.” Ross continued, “This decision is not the end of the fight to protect one of America’s most treasured wild areas.”
Rock the Earth deeply appreciates the efforts of its legal team, Julia Olson of Wild Earth Advocates, and Matt Bishop of Western Environmental Law Center.
in other news Bob Dylan Detained by Police: Mistaken for Homeless Man
1 comment:
this is not the end of the world, they are going to appeal the case even though it is a reach.
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