A recent federal court ruling has ordered sweeping closures of off-highway vehicle (OHV) routes and vast areas of public land in the Mojave Desert, using desert tortoise habitat as justification. The decision forces 2,200 miles of designated routes to close and places enormous acreage effectively off-limits to responsible public use.
This ruling didn’t come from Congress who is tasked with managing and overseeing federal public lands.
It didn’t come from land managers working with local communities.
It came from a judge imposing policy from the bench.
And that should concern everyone who uses public land—motorized or not.
While OHV users are the immediate target, this decision establishes a precedent that threatens all public land access. If a single judge can rely on outdated or disputed science to shut down legally designated routes and bypass the legislative process entirely, then no form of recreation or access is safe.
This ruling signals a growing trend: courts stepping beyond their role to effectively manage land use without accountability, without representation, and without congressional authority.
All of the routes that lie within the desert tortoise critical habitat (represented by the black line boundary) will now be closed.
Judges Should Not Be Legislators
Courts exist to interpret the law, not to create de facto land-use policy. When judges begin making sweeping decisions that reshape access to public lands without congressional action, it undermines both democratic process and public trust.
If this ruling stands unchallenged, it gives the green light for future closures anywhere in the country without public input and without legislative oversight.
The Department of Justice Must Step In
The Department of Justice has both the authority and the responsibility to rein in judicial overreach when court decisions exceed their proper scope and threaten constitutional balance. They must not let this decision stand by appealing it to the Circuit Court of Appeals and the Supreme Court if necessary.
An appeal by the DOJ is the most immediate response that can prevent the closure of this entire area. It will also correct these deficiencies:
- Defend congressional authority over public land policy
- Prevent courts from bypassing the legislative process
- Ensure land-use decisions rely on current, credible science
- Protect Americans’ access to the public lands they own
Take Action: Tell the DOJ to Act—Now
We’re asking all public land users, OHV riders, hunters, hikers, campers, ranchers, and rural residents to speak up before this precedent spreads.
As a first step, we encourage contact the U.S. Department of Justice and demand an appeal of this decision. We are working with the OHV community in California to find additional ways to protect our trails in the Mojave Desert.
