Tuesday, October 21, 2008


Federal judge will not dismiss petition by SUWA and others U.S. District Judge Tena Campbell ruled Monday that she will not dismiss a petition filed by two environmental groups seeking to get Arch Canyon in San Juan County closed to motorized vehicle use. The Southern Utah Wilderness Alliance and Great Old Broads for Wilderness (both referred to by the acronym SUWA) challenged a decision by the U.S. Bureau of Land Management to deny the environmentalists' request to have the area closed to motor vehicles. SUWA contends such vehicles damage the ecosystem and archaeological sites. The BLM responded with a letter from its acting field manager stating that SUWA's information and the BLM's own field assessments showed that "no undue or unnecessary damage is occurring," according to the ruling. SUWA then challenged that decision, contending it was a final agency action that was arbitrary, capricious and contrary to law. The BLM's position is that the environmental groups were not entitled to court review because the agency has "broad discretionary authority" to decide whether to exercise its authority, the ruling states. Campbell said in her 10-page decision that judicial review of the BLM's decision is permitted under federal law in this instance and the court will not dismiss SUWA's action.

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