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12 Days of Legal Updates: Standing Our Ground in Johnson Valley

Dec 23, 2025

Johnson Valley
Why you should submit here, even if you already have elsewhere!

We keep them honest. If everyone only comments through the government/agency site, we have to take their word on how many comments were received. By submitting through BRC, we create an independent record of our community’s response that can’t be buried or under-reported.

We protect your voice. If this fight ends up in court, having our own record of submitted comments means we don’t have to wait a year or more for a government agency to turn over documents. We can move quickly with proof that thousands of you spoke up.
We keep you in the loop. When you comment through our site, we can send you updates on what comes next. If you only use the government/agency site, you’re depending on them to tell you what happens next — and they won’t.

Double coverage matters. Even if you’ve already commented through the government/agency site, submitting through ours makes your voice count twice — once in their system, and once in ours. That way they know the OHV community is watching and tracking every move.

For years, BRC has been trusted to run action alerts like this. Thousands of members and supporters have used this system effectively to defend access to public lands. This isn’t about collecting your info — it’s about building the strongest, most transparent record possible to hold agencies accountable.

Why you should submit here, even if you already have elsewhere!

We keep them honest. If everyone only comments through the government/agency site, we have to take their word on how many comments were received. By submitting through BRC, we create an independent record of our community’s response that can’t be buried or under-reported.

We protect your voice. If this fight ends up in court, having our own record of submitted comments means we don’t have to wait a year or more for a government agency to turn over documents. We can move quickly with proof that thousands of you spoke up.

We keep you in the loop. When you comment through our site, we can send you updates on what comes next. If you only use the government/agency site, you’re depending on them to tell you what happens next — and they won’t.

Double coverage matters. Even if you’ve already commented through the government/agency site, submitting through ours makes your voice count twice — once in their system, and once in ours. That way they know the OHV community is watching and tracking every move.

For years, BRC has been trusted to run action alerts like this. Thousands of members and supporters have used this system effectively to defend access to public lands. This isn’t about collecting your info — it’s about building the strongest, most transparent record possible to hold agencies accountable.

This year, BlueRibbon Coalition brought national attention to the U.S. Marine Corps’ attempt to establish permanent Special Use Airspace (SUA) over the Johnson Valley Shared Use Area. In the face of a proposal that could jeopardize emergency medical response, disrupt a $71 million OHV recreation economy, and override a hard-won Congressional compromise, we helped unite a coalition of off-roaders, aviation groups, elected officials, and local governments in defense of this iconic public land.

The Numbers Tell the Story:

  • 6,000+ public comments submitted through BRC to the Marines, the President, and Congressional representatives
  • 3,000+ additional comments sent to California Senators
  • 1,000+ comments directed to Rep. Jay Obernolte
  • 1,000+ more through our partners at SEMA

This was one of the largest public engagement efforts on a single site NEPA comment period in recent years, and it sent a message: Johnson Valley belongs to the people.

The Legal Concern

The Draft EA submitted by the Marines in August 2025 refers throughout to the establishment of “permanent Restricted Areas” over Johnson Valley, with no clear assurance that activation will be limited to the 60 days per year permitted by the 2013 National Defense Authorization Act (NDAA). Although language about “up to 60 days per year” appears in a technical appendix, it is omitted from the summary sections of the EA, and the Marines’ official request to the FAA contains no binding constraints linking airspace use to ground closures.

fact sheet published by the Marines in October attempted to clarify their intent to limit SUA to 60 days and to continue allowing medevac, utility flights, and low-level operations. However, BRC and our legal team remain concerned that unless these commitments are codified in the FAA’s final rulemaking, they will not be legally enforceable.

Our Response

Since the September 15th deadline, BRC has:

  • Coordinated with Rep. Jay Obernolte, whose office has remained a key partner on this issue. He was the only Republican to vote against the NDAA rule in protest and is actively engaging with the House Armed Services Committee (HASC).
  • Worked alongside San Bernardino County, which passed a formal resolution opposing the EA and advocating for aviation safety and medevac access.
  • Collaborated with national pilot organizations such as AOPA to pursue direct engagement with the FAA, including forthcoming letters to FAA leadership and the Department of Transportation.
  • Opened channels of communication with the Marine Corps, seeking clarity on their intent and urging revisions to the EA that would make their public commitments legally binding.
  • Continued outreach to key congressional offices, including those of Senator Padilla and Senator Schiff, who have yet to engage despite receiving thousands of constituent messages.
YouTube video

What’s Next

The FAA will begin its own review in early 2026, and this issue is now in the hands of an agency not accustomed to this level of public scrutiny. We intend to make sure they hear from all of us.

This is where our legal and advocacy teams will focus next:

  • Pushing for a third alternative in the final EA that aligns with the Marine Corps’ public statements.
  • Ensuring that Shared Use Area protections and medevac access are enforceable—not just promised.
  • Continuing to act as the federal-level advocate for the off-road community in this unprecedented aviation fight.

Johnson Valley was already a compromise. In 2013, we gave up half the land. Now, they want the skies. This isn’t just about one race or one weekend. It’s about the precedent set when a Congressionally protected OHV area is gradually chipped away by administrative processes.

We’re not done fighting.

SUPPORT OUR LEGAL CENTER

Our legal work is possible because of individual members and supporters like you. With your support, we were able to hire our first full-time attorney last year—leading to the most impactful period of legal success in our organization’s history. Your backing has empowered us to win critical battles for public access, but there’s more to challenge and anti-access groups continue to file lawsuits at an unprecedented rate. Continued support ensures we have the legal strength to defend our rights and keep our public lands open.

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It takes a team of people to investigate, review, advocate and litigate in order to protect your rights to public lands. Please consider donating today so we can defend your ground.

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