We are excited to share an important milestone in our fight to overturn the closure of 317 miles of our trails in Moab. After several months spent reviewing thousands of pages of records BlueRibbon Coalition, and our legal team at Texas Public Policy Foundation, filed our opening brief against the Bureau of Land Management in federal court this week.
This last Tuesday while Americans were tuned into the election, our legal team put the finishing touches on our exhaustive arguments that expose many of the deficiencies in the BLM’s plan. We encourage our members and supporters to read it.
Here are some highlights of our case:
- Constitutional Violation: We argue that BLM’s decision violates the U.S. Constitution’s Appointments Clause. Only properly appointed officials should have the power to decide such impactful closures, especially when the closures carry substantial penalties for those who enter these areas.
- Illegal Buffer Zone: By closing popular routes such as Hey Joe Canyon and Dead Cow Loop, the BLM’s plan violates the Dingell Act by effectively creating a “buffer zone” around the Labyrinth Canyon Wilderness. Our legal team highlights that Congress specifically forbids using restrictive management in non-wilderness areas to limit noise and visual impacts to wilderness areas, yet BLM’s decision does exactly that.
- Arbitrary Closures: The closures are not only unconstitutional but also arbitrary. They disregard essential Congressional mandates that require BLM to prioritize public recreation, and we document numerous instances where routes were unjustifiably closed despite no evidence of environmental harm.
- Environmental Policy Concerns: Finally, the plan bypassed essential requirements under the National Environmental Policy Act (NEPA). Such a sweeping decision should have undergone a full Environmental Impact Statement due to the significant implications for the human environment.
- Ignoring Recreation Mandates: Our lawsuit highlights that BLM’s decision fails to consider the statutory mandate to prioritize recreational access on public lands, a point reinforced by a recent Supreme Court ruling in Loper Bright Enterprises v. Raimondo, which overturned the Chevron Deference precedent. This landmark decision emphasizes that agencies cannot disregard specific Congressional instructions—yet, by treating all use as inherently harmful, BLM’s approach effectively ignores the directive to balance recreation with conservation.
The State of Utah also filed their opening brief on the same day, which we have also made available for you to read. The federal government has until January 10, 2025 to reply to our brief, which will be the next step in this challenge.
We believe many recent changes in legal precedents and a strong shift in political winds bode well for the future of this challenge. We are proud to stand on the front lines to defend our access to our public lands, and our active engagement has positioned us to be ready to take advantage of recent opportunities. This legal action isn’t just about trails; it’s about preserving the rights of Americans to experience and enjoy their lands for generations to come.
Your support is what makes our work possible. Together, we’re pushing back against unnecessary restrictions and closures to ensure that everyone has the chance to experience the beauty and adventure of these landscapes.
Thank you for standing with us.
Defend Your Ground!
Ben Burr
Executive Director
