Battle for Truckhaven Hills - Long but important

[HummBebe]

Please read....this proves our support of Off road associations works!

Battle for Truckhaven Hills

Center for Biological Diversity/Desert Protective Council

File Lawsuit Against
the

California Off-Road Vehicle Association, Inc. ("CORVA") and State of California - Department of Parks and Recreation

Round One - An Enormous Win for CORVA and Southwestern OHV Recreationists

All too often, the pages of Off-Roaders In Action (“ORIA”), CORVA’s website, and other off-highway recreation publications are full of stories which depict the loss of yet another event and area to environmental extremist litigation.

In this instance, CORVA is proud to report that we went “toe to toe” with the Center for Biological Diversity (“CBD”) and we WON!

Although CORVA voluntarily cancelled the Truckhaven Challenge to pre-empt claims of environmental non-compliance, all is not lost. CORVA’s wonderful membership and others who would have otherwise supported the event – upon hearing about the CBD’s lawsuit against CORVA – “stepped-up” by sending donations and contributing to CORVA – like never before!

In an effort to provide an accurate account of the events of the past two weeks, the following is an official chronology of this issue, complete with links to pertinent websites and documents.

Background and Perspective

For over fifty (50) years, off-highway recreationists have visited and recreated in an area just west of the Salton Sea known as Truckhaven Hills. Once slated for development, this area has grown as a mecca for our recreation.

Circa 1964, the Tierra Del Sol Four Wheel Drive Club of San Diego began hosting the Desert Safari event in this desolate area consisting of dry mud hills. The event has been a successful gathering of 4-wheel drive enthusiasts for over 40 years.



For the past twelve (12) years, CORVA has provided an opportunity to participate in a family-oriented event known as the “Truckhaven Challenge”. What started out as a small group of 13 CORVA members hosting a “Poker Run” for off-highway recreationists – with only 17 additional participants -- has grown into an event that saw over 400 registered vehicles participating in the event in 2006. The event provides organized family off-roading fun with games along the course, a poker hand, prizes, a barbecue and t-shirts. The Truckhaven Challenge also became a significant source of donations for CORVA to assist in their legal challenges to keep public lands open for public uses. In 2006, the association generated $25,000 for CORVA’s Land Use Fund, a far cry from its first event.

The event not only provides for organized recreation, it is an introduction to new off-roaders about the organization’s goals to educate the off-roading community about safety, resource protection, erosion control, stay-on-trails ethics, trail etiquette, advocacy of public land access, and environmental policy.

This year’s event was to be conducted on Saturday, January 20 and Sunday, January 21, 2007.

The overall property ownership of the area (approximately 14,727 acres) is a checkerboard mix of private and state lands with two small parcels of federal public lands administered by the Bureau of Land Management. Approximately 4000 acres of private lands, known as the “Freeman Properties” were purchased by the California Department of Parks and Recreation Off-Highway Motor Vehicle Recreation Division (“OHMVR”) Trust Fund in 2006, at the request of CORVA and other off-road organizations to protect the historical recreational use by the off-roading community. The current State-owned lands (approximately 8,000 acres) are part of the State Trust Lands holdings under management control of the State Lands Commission. These State lands are outside the boundaries of Anza Borrego Desert State Park.[i]

Additionally, Ocotillo Wells State Vehicular Recreation Area (OWSVRA) is adjacent to the Truckhaven Hills area. Ocotillo Wells SVRA is paid for by registration money and gas taxes attributed to off-highway vehicles and administered by the California Department of Parks & Recreation OHMVR Division.

The 2007 “Challenge” is Challenged!

Events Leading up to the Decision to Cancel

Preparations for an event of this magnitude start a full year in advance. This year’s event, as in the past, was to be staged on private lands within the area with the trail crossing the now California Department of Parks and Recreation (DPR) owned land. The preparations for this year’s event were more difficult than before due to the acquisition of some of the private lands cited above. CORVA took all precautions to legally host the event by ordering an insurance policy, requesting a permit and agreeing to share proceeds with the State DPR.

On the Wednesday before this year’s event (January 17, 2007) the California State Lands Commission sent a letter to CORVA indicating that we were not “authorized” to cross public lands under the management of the State Lands Commission for this year’s Challenge. This authorization was previously approved by the State Lands Commission, when CORVA’s Event Chairman requested authorization, but was later revoked once the Center for Biodiversity clouded the issue with mistruths.

Late in the afternoon of the very next day, CORVA learned that the CBD intended to file suit against DPR and CORVA for failure of DPR to conduct the public planning process and Management Plan since the ownership change in July of 2006. Also, as part of its suit, CBD alleged the State had not considered the effects of this event on the Peninsular Big Horn Sheep and its Critical Habitat. In an effort to immediately prohibit this year’s event, CBD additionally requested a Temporary Restraining Order (“TRO”). This information prompted CORVA President Ed Waldheim to be in contact with CORVA’s legal counsel, Mr. David Hubbard.

After obtaining a copy of the suit on Thursday, January 18, 2007, Mr. Hubbard flew to Sacramento the very next day, to represent CORVA before Judge Gail Ohanesian of the Superior Court of California in the County of Sacramento. Upon researching and assessing the suit, Mr. Hubbard called Mr. Waldheim at approximately 2:15 p.m. and recommended that CORVA cancel this year’s event to avoid an adverse judicial ruling.

In the meantime, CORVA’s volunteers and most Board Members were at the Truckhaven site, some were present since Monday of that week, setting up the State-approved and permitted course with ribbon and stakes. Upon hearing of the suit, CORVA volunteers had been working with eight State Parks personnel including an archaeologist and a biologist to reroute the course away from Big Horn Sheep Critical Habitat, which was the reason for the complaint of the CBD. The reroute was complete on Friday afternoon one hour before Mr. Waldheim called to notify the CORVA Board Members enroute to the event that the event was cancelled.

Although a very difficult decision given the hard work and efforts of the volunteers who make this event a success, Mr. Waldheim, in an effort to protect the future interest of the membership of CORVA and OHV recreationists who visit this area, decided to have Mr. Hubbard notify the Court and all parties to this suit that CORVA officially was withdrawing its permit from State Parks for the event.

From that point in time and continuing throughout the weekend, volunteers of CORVA did everything possible to “unwind” all the hard work and effort, and inform as many attendees as possible that this year’s event was officially cancelled. Board members sent email notifications to all pre-registered participants, the webmaster posted a cancellation notice on the website (which was quoted in the San Diego Union Tribune), the course markings, ribbons and stakes were removed from the 21 mile course by a group of qualified volunteers, registration was cancelled, event signs were removed, and participants were notified at the event site of the cancelled event. In all, CORVA made every humanly-possible effort to comply with the spirit and intent provided to the Court as rational for not issuing the TRO.

And in doing so, CORVA believed that the issue was over for the time being and planned to involve themselves in the process of a Management Plan with the State for the area, and hopefully conduct a 2008 Truckhaven Challenge.

[HummBebe]

Part deux:

Then Things get Worse

The following Monday, after the event, CORVA’s attorney was notified that the Center for Biodiversity would be returning to Court with another TRO Motion. This one, however, not only sought to shut down all OHV use of Truckhaven, it also accused CORVA of going forward with the Truckhaven Challenge on January 20—21, despite telling the Court it was cancelled. In other words, CBD was alleging that CORVA lied to the judge. This is an extremely severe accusation.

The Court hearing on this new TRO was set for Friday, January 26. However, CORVA had to submit its legal briefs and evidence to the Court by Wednesday, January 24, at 12 noon.

CORVA went into defensive mode and had numerous key volunteers and Board Members file Declarations with the Court, explaining their personal experiences at the event. This masterful orchestration by Mr. Hubbard of obtaining Declarations to support CORVA’s legal brief was accomplished within 48 hours – not the usual 30 days. All of these legal documents were then submitted to the Court within the Wednesday deadline.

The Center for Biodiversity had intentions of “proving” that CORVA and State DPR continued with the event, against statements made in open court by CORVA’s attorney to the contrary at the previous hearing. CBD had even sent “spies” to take photographs of the “non-event” in hopes of persuading the judge that the Truckhaven Challenge had gone forward.

Then they get much better…

“Apparently, we struck a nerve with our court papers,” wrote CORVA’s attorney, Mr. Hubbard, in an email to Mr. Waldheim the next day at 10:45 a.m. “Just minutes ago, I received notice from CBD that it has dismissed CORVA from the lawsuit against State Parks. Apparently, CBD doesn't want us at the hearing so they've taken us out of the case.”

Perhaps the most satisfaction CORVA could have ever hoped for came from the Court itself. At the hearing on Friday, January 26, Judge Gail Ohanesian of the Sacramento County Superior Court denied the CBD’s request for a Temporary Restraining Order that would have shut-down the Truckhaven area to all off-highway vehicle use for the indefinite future.

Based on the briefs and declarations submitted by State Parks and CORVA, the Court was persuaded that (1) no violations of law took place, and (2) no restraining order was necessary to protect the resources at Truckhaven.

CORVA’s legal counsel, Mr. David Hubbard of EcoLogic, said, “This is a great victory for families who enjoy recreation in the southern California desert. For the moment at least, we have preserved a Truckhaven tradition that has been unbroken for more than 50 years.”

The fight over Truckhaven is not over yet. Although its TRO request was rejected, CBD still intends to pursue its overall CEQA lawsuit against State Parks over Truckhaven. CORVA and other interested parties will likely participate in the litigation.[ii]

According to Steve Kuehl, CORVA’s Immediate Past President, “Perhaps the most telling reason Judge Ohanesian denied the TRO was likely due to the outstanding legal brief submitted to the Court by CORVA’s attorney. In short, the Plaintiff (CBD) needs to demonstrate to the Court that they are likely to succeed in the lawsuit -- planned for a later date -- in order to persuade the Court to issue the Temporary Restraining Order.”

Contained in that Brief was the irrefutable fact that CBD blundered as this lawsuit was “time barred” (meaning the statue of limitations had run out) and they failed to provide “legal arguments”, but instead provided “policy arguments” in its Motion before the Court.

In the End, the Legal Process Worked

In the end, the legal process worked and justice prevailed. What started out as a serious threat to CORVA and its event, ended on a much more positive note.

Regarding the cancellation of the event, CORVA President Ed Waldheim said, “I am forever grateful to the volunteers who bucked-up and took control of the situation on-sight in my absence. Yes, there were many disappointed members and a few who were angry with the Center for Biodiversity for this action, but CORVA persevered and ‘Took the High Road’ as we always do. In the end, we prevailed and beat the Center for Biodiversity at their own game!”

CORVA will be celebrating this win at the upcoming Family Fun Day & Convention in California City, to be held near the Cal City MX Park (on 20 Mule Team Road and Chrysler St.) on March 30 to April 1, 2007. We will be hosting free events for all CORVA members! This will include all ages, skill levels and all vehicles with trophies galore!

Join the association today, make your generous donation to honor our win against CBD and to keep public lands open for future public use and come have fun with us in Cal City! See you there!

[i] Information courtesy of the Declaration of John Stewart, January 19, 2007 (CBD et.al v. DPR/CORVA – Case No. 07CS00077) Sacramento Superior Court [Hyperlinks and additional information added by CORVA]

[ii] Press Release by EcoLogic Partners (Dave Hubbard) January 26, 2007