Blue Water Lawsuit Dismissed

derf · 03-24-2007, 09:29 AM

the lawsuit against the NPS has been dismissed .
Friends of the Earth, Bluewater Network Division, et al. v. United States Department of the Interior et al.
Civil Action No. 2005-2302
Order issued March 21, 2007 by Judge Royce C. Lamberth http://www.dcd.uscourts.gov/opinions...8-3212007a.pdf
Memorandum Opinion issued March 21, 2007 by Judge Royce C. Lamberth
http://www.dcd.uscourts.gov/opinions...8-3212007b.pdf

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Hammer · 03-25-2007, 12:01 PM

I read it Fred,but since I`m a railroader and not a lawyer,I have no idea what it said

If it says we win

And thank you to those that got together and fought for us

Jim

Quote:

Originally Posted by derf

the lawsuit against the NPS has been dismissed .
Friends of the Earth, Bluewater Network Division, et al. v. United States Department of the Interior et al.
Civil Action No. 2005-2302
Order issued March 21, 2007 by Judge Royce C. Lamberth http://www.dcd.uscourts.gov/opinions...8-3212007a.pdf
Memorandum Opinion issued March 21, 2007 by Judge Royce C. Lamberth
http://www.dcd.uscourts.gov/opinions...8-3212007b.pdf

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derf · 03-25-2007, 01:59 PM

well , i'm not a lawyer either .......thank god!!
but , i think we won , at least for now ....

Large John · 03-25-2007, 02:48 PM

I almost speak legalese however Im still not sure, judges have a whole different language.

Bests I can tell most of the lawsuit was dismissed at least in part.....Its kinda difficult to read since I have no idea which parts are which and what they apply too.....you would have to be very familiar with the wording of the orginal suit.

I am in agreement that a small battle in the large war has again sided with us....dont stop fighting now Victiry may be at hand.

Gollum · 03-25-2007, 08:05 PM

It looks like the plaintiffs (the people who want to stop everyone else from using the beach, Wildlands CPR and Bluewater) couldn't establish standing to make their complaint. That essentially means that the court doesn't want to hear it from them because they haven't been hurt. The court also found that the National Park Service had a system in place to determine whether off road vehicles in a certain area would harm the area (with a few exceptions like Glen Canyon and Cape Lookout). The court also said that Wildlands could re-file their complaint if they wanted to in the cases where these exceptions applied. But Bluewater still had no complaint so they are out of it. The judge was a little ruthless to their lawyers too. Pretty funny. Everything but the complaints for the exceptions were dismissed and it is up to Wildlands to see if they want to refile the suit.

So basically, we won for now. Wildlands is going to have to come up with a lot more money to fight it out. The National Park Service is the group that we will have to watch. But, they just spent a lot of money to keep the parks accessible to ORVs. Hopefully it will stay that way.

Hammer · 03-27-2007, 07:18 PM

Thank you Gollum,I see what happened now

.An explanation was badly needed

Gollum · 03-28-2007, 08:58 PM

My pleasure. I swear lawyers write stuff like that just so the rest of us don't know what's going on. It's part of their plan so they can keep charging $1000 an hour. I'm no lawyer but I have to read what they write all day long. Most of it is written just to hear themselves talk.