I recently received an email from a county supervisor outlining a situation where the county believed that the Forest Service was in violation of a county law when they closed close to 400 miles of routes in the forest that spanned two counties.

After reading the details submitted, I noted several false assumptions cited in the discussion.

First, let me address what NEPA is and is not. National Environmental Policy Act (NEPA) requires federal agencies to disclose and analyze the effects of their proposed action on the natural environment. NEPA is the law (passed by Congress) that requires this action. NEPA is an outline of a process with specific actions the agency is required to do. The resulting document from a NEPA process is not a "law".  The result of a NEPA analysis is a Record of Decision stating that appropriate level of environmental review has been conducted and the proposed action can be implemented.

SAN FRANCISCO, CA - Recreational visitors observing a fine flaky substance this morning at the Imperial Sand Dunes Recreation Area (ISDRA) will be pleased to hear it is not snow but judicial manna. Barely a month following argument, U.S. District Judge Susan Illston of the U.S. Northern District Court of California yesterday issued a long-awaited decision on the 2013 ISDRA management plan, ruling almost entirely on the side of the Bureau of Land Management, U.S. Fish and Wildlife Service, and sand-rider organizations, and against the latest challenge led by the Center for Biological Diversity. The ruling sets the stage for implementation of the 2013 plan, which would allow resumption of access to areas placed off-limits to riders through “interim” closures imposed over a decade ago.

The litigation over riding at the ISDRA began in 2000, and has resulted in multiple trips to Judge Illston’s courtroom where BLM, USFWS, and recreation enthusiasts have suffered multiple setbacks. The 2013 plan followed lengthy public input and was designed in response to the Court’s 2006 ruling and new critical habitat designation by the USFWS for the Peirson’s milk-vetch (PMV), the plant species of primary concern at the Dunes. Preservationist plaintiffs raised an array of challenges under the Endangered Species Act and other laws to the new plan, but yesterday’s decision rejected those claims and upheld BLM’s plan, with the limited exception of finding that a recovery plan for the PMV is overdue and must be issued by 2019 unless the USFWS makes a specific finding that a recovery plan will not promote conservation of the species.