Environmentalists are appealing a U.S. District
Court judge's decision to approve a wilderness deal between Gov. Mike Leavitt
and Interior Secretary Gale Norton that released nearly 6 million acres of
federal land in Utah from temporary wilderness protection.
The Southern Utah Wilderness Alliance (SUWA) and nine
other regional and national groups filed the appeal Friday before the 10th U.S.
Circuit Court of Appeals in Denver.
Approved last month by
U.S. District Court Judge Dee Benson in Salt Lake City, the agreement provoked a
threat from leaders of the Outdoor Retailers trade show to move the twice-a-year
event, which contributes an estimated $24 million to Utah's economy, to another
state.
Leavitt subsequently reached a truce with outdoor
industry officials by promising to work with them on future wilderness
considerations, although he did not undo his settlement with the Bush
administration's Interior Department.
In that settlement,
reached April 11, Secretary Norton agreed to reverse an order by former Interior
Secretary Bruce Babbitt that gave interim wilderness protection to 2.6 million
acres of Bureau of Land Management (BLM) holdings. She rescinded another Babbitt
order that gave similar, but lesser, protections to another 3.3 million acres
that environmentalists say are wilderness-worthy.
The
settlement removes many of the interim wilderness protections from some
sensitive BLM lands inside and outside Utah.
In exchange,
Leavitt agreed to drop a lawsuit the state filed in 1996 against the Interior
Department that alleged Babbitt overstepped his authority.
Under such interim wilderness protection, motorized
vehicles would be strictly managed by federal overseers to prevent the
impairment of the lands' "wild qualities," said Jim Angell, a Denver-based
lawyer for Earthjustice, a SUWA co-plaintiff.
To bolster
its argument, SUWA issued a statement Friday that the BLM has given "preliminary
approval" to a proposed late-September off-highway vehicle (OHV) rally in
southeastern Utah.
Some of the 16 proposed rally routes,
involving 350 OHVs, are on lands affected by the Leavitt-Norton settlement, said
Monticello-based SUWA attorney Herb McHarg.
"The BLM is
not considering the wilderness character of the area anymore," he said.
BLM recreation planner Scott Berkenfield, also of
Monticello, rejected McHarg's argument.
"SUWA is kind of
skewing things a bit," Berkenfield said. "We have not given preliminary
approval" to the OHV event scheduled for Sept. 25-27.
Berkenfield said the BLM has made a "preliminary finding"
that the event would have "no significant impact" on the federal lands it
manages.
The agency is taking public comments through July
9. It will not make a decision -- based on public comments and on the
environmental assessment -- on whether to allow the event until after that time.
And, Berkenfield said, the agency is following rules laid
down long before the Leavitt-Norton agreement.
"Despite
the agreement between the secretary and the governor, those routes are legal
travel ways. You and 13 of your closest buddies could ride those routes today,"
said Berkenfield.