Appeal filed with 9th Circuit
Gallatin National Forest Plan Revision
Citizens for Balanced Use (CBU), the Gallatin Valley Snowmobile Association, Big Sky Snowriders and Dr. Kenneth Zahn filed a Notice of Appeal to the Ninth Circuit Court of Appeals to appeal a ruling by United States District Court Judge Donald Molloy that closed recreation in the Hyalite-Porcupine Buffalo Horn Wilderness Study Area.
The ruling by Judge Molloy stated the Gallatin National Forest Travel Plan issued in December, 2006 violated the Montana Wilderness Study Act by allowing too much motorized recreation in the Wilderness Study Area. Following that ruling, the Gallatin National Forest issued an interim management plan that drastically cut snowmobile winter use on this popular recreation area.
“We are tired of losing recreation access,” Kerry White, executive co-chairman of CBU, said. “The Judge and the Forest Service have closed off areas that we have been riding in since the 1960′s because they mis-applied the law. Our members will not stop fighting this issue until fairness and multiple use return to the Forest.”
The ruling by Judge Molloy stated that the Forest Service did not demonstrate how its 2006 Travel Plan complied with the Wilderness Study Act’s requirement that future management maintain the wilderness character of this area as it existed in 1977, when the Act was passed. The Judge implied this is a nearly impossible management requirement, because the Forest Service has not provided a base line “wilderness character” estimate from 1977.
“The Hyalite-Porcupine Buffalo Horn was never intended to be locked up or off-limits to motorized recreation. The law and its legislative history required continuation of multiple use and recreation,” CBU’s attorney Cory Swanson stated. “The Judge’s ruling does not give us the continued right to use the land that we have traditionally used. We have no choice but to appeal and seek an interpretation in accordance with Congress’s original intent.”
Swanson also agreed with Judge Molloy’s statement that Congress should have acted on this study plan many years ago. Molloy noted in his order that the original mandate to maintain the 1977 wilderness character of this area was supposed to last less than a decade, and it has now been in limbo for 32 years.
“We recognize and agree with Judge Molloy’s frustration that Congress has not acted to release this land from its study status,” White said. “But until Congress acts, we will keep fighting to maintain the balanced and traditional recreation in this area that we believe the law requires.”
The Gallatin National Forest has also filed an appeal to the 9th circuit against Judge Molloy’s ruling which has allowed the Montana Snowmobile Association, and Treasure State Alliance to file a cross appeal.