Go Back   Mountain Buzz > Whitewater Boating > Whitewater Kayaking

Thread Tools Display Modes
Old 04-07-2009   #1
Tom Martin's Avatar
Flagstaff, Arizona
Join Date: Dec 2004
Posts: 817
RRFW Riverwire - Grand Canyon Litigation Update - Court Sets Hearing Date

RRFW Riverwire - Grand Canyon Litigation Update - Court Sets Hearing Date
April 7, 2009

The 9th Circuit Court has set a court date for oral arguments to be heard in the litigation over the 2006 Grand Canyon National Park Colorado River Management Plan.

The litigation, filed by wilderness and access groups River Runners for Wilderness, Rock the Earth, Living Rivers and Wilderness Watch, is challenging the legality of the Park Service’s decision to allow motorized uses of the river and to allocate the vast majority of summertime river access permits for commercial river concessionaires.

The Park Service is required to manage the river for Wilderness character. Since 1977, when the Park Service recommended Congressional action be taken to preserve wilderness characteristics of the river corridor, natural soundscapes and visitor experiences have been severely compromised by the continued use of motorized commercial river boat services.

The 9th Circuit Court in San Francisco, made up of a three-judge panel, will hear oral arguments on June 10, 2009 at 9:00 a.m. in Courtroom 2 of the James R. Browning courthouse at95 7th Street. This hearing will be open to the public.

The Court will rule on the merits of the litigation. If the plaintiffs succeed, the case will be remanded to the district court to address what kind of remedy may be appropriate.

At issue is the National Park Service’s (NPS) obligation to preserve park wilderness resources and values under the Organic Act and the Concessions Act “necessary and appropriate” standard.

The court will decide if the Colorado River in Grand Canyon must be preserved for its wilderness character and whether commercial services allowed in a potential wilderness like the Colorado River in Grand Canyon must adhere to wilderness values while providing for visitor enjoyment.

Also in question is the fact that the Park Service did not base the commercial allocation of river use on any actual determination of need. The court will have to decide if the 2006 river plan abides by an earlier 9th Circuit Court decision holding that the NPS must allocate use fairly so that both commercial and noncommercial users have equitable access to the river.

The earlier ruling noted the method used for fairly allocating use under any system chosen must not be arbitrary. To date the NPS has not refuted the litigation claim that the key criteria used to develop allocation alternatives had no standards for fairness or equity in use.

The three judge panel will have to rule on the plaintiff’s argument that without using any appropriate standard of fairness, the NPS “arbitrarily plucked the “roughly equal” split of user days in an attempt to create perceptions of equity in the preferred alternative”.

Intervening in the case in support of the current plan are the Grand Canyon River Outfitters Trade Association and the Grand Canyon Private Boaters Association. In 2005 these groups entered into a confidential agreement containing a ten year strategy to uphold the present plan and agreed not to challenge the current plan, despite the inequitable public access and resource damaging nature of the plan.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~
RIVERWIRE is a free service to the community of river lovers from River Runners for Wilderness. To join, send an e-mail address to riverwire@rrfw.org and we'll add it to the RRFW RIVERWIRE e-mail alerts list.

Join RRFW's listserver to stay abreast of and participate in the latest river issues. It's as easy as sending a blank e-mail to Rafting_Grand_Canyon-subscribe@yahoogroups.com.

Check out RRFW's Rafting Grand Canyon Wiki for free information on Do-It-Yourself Grand Canyon rafting info Main Page - Rafting Grand Canyon.

Check out new items and donate at the RRFW Store! RRFW is a non-profit project of Living Rivers.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~
Tom Martin is offline   Reply With Quote

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Similar Threads
Topic Thread Starter Forum Replies Last Post
RRFW Riverwire – Grand Canyon Litigation Update Tom Martin Whitewater Kayaking 0 08-30-2008 11:11 AM
RRFW Riverwire – Appeal Court Briefs Filed In Grand Canyon Litigation Tom Martin Whitewater Kayaking 0 05-24-2008 02:35 PM
RRFW Riverwire – Court Date Set for Grand Canyon Litigation Tom Martin Whitewater Kayaking 0 10-17-2007 07:11 PM
RRFW Riverwire – GRAND CANYON LITIGATION UPDATE Tom Martin Whitewater Kayaking 1 09-09-2007 06:48 PM
RRFW Riverwire – Grand Canyon Litigation Update Tom Martin Whitewater Kayaking 7 08-21-2007 08:31 AM

» Classified Ads
Demo 2016 Jackson Karma...

posted by 4CRS

Used 2016 Jackson Karma Unlimited whitewater race kayak -...

Demo 2016 Jackson...

posted by 4CRS

Used 2016 Jackson Rockstar XS whitewater kayak - lightly...

NRS Whitewater Kayak...

posted by sunsurfsnow

Brand new, still has tag. Price is $20 less than retail and...

Powered by vBadvanced CMPS v3.2.3

Our Communities

Our communities encompass many different hobbies and interests, but each one is built on friendly, intelligent membership.

» More about our Communities

Automotive Communities

Our Automotive communities encompass many different makes and models. From U.S. domestics to European Saloons.

» More about our Automotive Communities

Marine Communities

Our Marine websites focus on Cruising and Sailing Vessels, including forums and the largest cruising Wiki project on the web today.

» More about our Marine Communities

Copyright 2002-2012 Social Knowledge, LLC All Rights Reserved.

All times are GMT -6. The time now is 01:47 PM.

Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2016, vBulletin Solutions, Inc.