ASA's Legal battle to keep ISDRA open

News and information about what's happening in the dunes.

Moderator: Sitewide Forum Moderators

Locked
User avatar
Vincent J Brunasso
ASA Co-Founder • Past President
ASA Co-Founder • Past President
Posts: 2723
Joined: Fri Nov 10, 2000 8:05 pm
antispam: NO
Please enter the middle number: 7

ASA's Legal battle to keep ISDRA open

Post by Vincent J Brunasso »

http://www.glamisonline.org/downloads/C ... dgment.pdf

Those of you new to the issues will see this like coming in at the middle of the movie. Another post in this forum allows you to start from the beginning if you are interested. For now, just realize that we are, I hope, in the final steps of a battle that we have been fighting for over 5 years. I will post our legal progress here as it becomes available. So check back from time to time.

This above link is the request for summary judgment from the CBD in our current suit. If they win this, the closures we have in place now will stay for a very long time – until we get the PMV delisted, somehow get another BO from FWS, and go through another lengthy lawsuit.

This is how they view the world and our chosen form of recreation. Note one of the opening sentences, “In an ideal world the Algodones Dunes would be protected as a national park.”

ASA filed our reply to CBD's request for summary judgment last Friday 8/5 right on schedule.
CLICK HERE

As predicted, it shreds the arguments made by the CBD and makes them look flimsy at best. Nice piece of work in my opinion. Now it is up to them to fire the next volley on 8/19 where they will do their best to destroy our arguments.

We are on schedule for the hearing on 9/15 where we make our last verbal arguments and then to the final ruling on 9/30.

Keep in mind that nothing will change on the ground that day if it is in our favor. It will take a few weeks.

FWS also filed their opposition to CBD request for summary judgment - more great reading and shredding of CBD's weak case.

CLICK HERE


As a side note:

FWS has accepted our new PMV delisting for review. That means FWS recognizes it as a legitimate petition – not that they will grant a delisting. They have 90 days from receipt of the petition to issue a preliminary finding as to whether or not the petition warrants further investigation and review. If so warranted, they have another 9 months to complete the review and are required to give us a final decision on the delisting. Petition logged in on 7/13. Preliminary finding due 10/13 and final ruling due on 7/13/06.

Dave is doubtful that these deadlines will be met due to the workload of FWS because of all the litigation FWS currently faces. They know that we won’t stand for any long delays so things may move along well enough to keep us at bay.

This also means we can drop our suit challenging the denial of the first delisting petition.

Dave will have the addendum to the new petition completed Friday. This addendum adds more depth to our arguments in favor of delisting.
Vincent J. Brunasso
ASA Co-Founder and past president

“My reading of history convinces me that most bad government results from too much government.”
--Thomas Jefferson

User avatar
Vincent J Brunasso
ASA Co-Founder • Past President
ASA Co-Founder • Past President
Posts: 2723
Joined: Fri Nov 10, 2000 8:05 pm
antispam: NO
Please enter the middle number: 7

Post by Vincent J Brunasso »

Here is the next step in the process as we move to final verbal arguements in San Francisco on 9/15: CBD's response to the above
CLICK HERE
Vincent J. Brunasso
ASA Co-Founder and past president

“My reading of history convinces me that most bad government results from too much government.”
--Thomas Jefferson

User avatar
Vincent J Brunasso
ASA Co-Founder • Past President
ASA Co-Founder • Past President
Posts: 2723
Joined: Fri Nov 10, 2000 8:05 pm
antispam: NO
Please enter the middle number: 7

Post by Vincent J Brunasso »

UPDATE:
In case you are still following along, CBD filed their latest and last brief on 8/19/05. The FWS and ASA filed our responses on schedule last Friday, 9/2/05. Here are links:

http://www.americansandassociation.org/ ... _02_05.pdf
http://www.americansandassociation.org/ ... _02_05.pdf

This is the last of the written jousting.

Next deadline is San Francisco for final in-person verbal arguments before Judge Susan Illston on 9/15.
Vincent J. Brunasso
ASA Co-Founder and past president

“My reading of history convinces me that most bad government results from too much government.”
--Thomas Jefferson

Locked

Return to “ISDRA Information”