By Michael Howell
The Ravalli County Commissioners wanted to register an official objection to the Bitterroot National Forest’s Travel Plan that was adopted in May of 2016. They felt that the final plan violated a number of aims and goals in its Natural Resource Policy which was adopted midway in the long and drawn out that began in 2006. But the effort to object was denied by the Forest Service because the County had not made any comment on the plan during the public comment period.
Now that the Travel Plan has been taken to court by several non-profit groups, however, the commissioners are considering filing an amicus brief in support of the challenge, or at least a letter stating their opposition to the plan. The lawsuit is being brought by the Bitterroot Ridge Runners Snowmobile Club, Ravalli County Off-road User Association, Bitterroot Backcountry Cyclists, Montana Trail Vehicle Riders Association, Montana Snowmobile Association, Citizens for Balanced Use, and Backcountry Sled Patriots. The coalition describes the lawsuit filed December 28 as “a last resort to stop the federal overreach of agencies running roughshod over public lands, directly impacting Montana’s recreational opportunities and outdoors economy.” The commissioners were asked to support the lawsuit by Dan Thompson and Mike Jeffords, members of a couple of the organizations.
The men had different numbers for the number of miles of road being taken out of use and acreage being taken out of use by motorized vehicles than the ones that appear in the plan. Thompson stated that the Forest Service failed to count the roads that had been closed for the winter. Jeffords said that it really hurt the access opportunities for a lot of backcountry snowmobilers.
The commissioners discussed possibly writing a letter letting the court know that the Travel Plan is not consistent with the county’s Natural Resource Vision plan and that it was not meaningfully considered.
“We could write a letter and make points about that and you could use it as evidence,” said Commissioner Jeff Burrows.
Commissioner Greg Chilcott asked Deputy County Attorney Howard Recht how much time/cost it would take to write an amicus brief.
Recht said there were too many unknowns, since he was unfamiliar with the case, but generally filing an amicus brief was a serious undertaking and could require significant time and resources.
Chilcott said it was a significant issue and Commission Chair Ray Hawk said, “I’d like to see us do more than a letter.”
Recht was directed to contact the plaintiffs’ attorney in the case and get more information.
As of Monday, the commissioners had not heard back from their attorney regarding this.