Lawsuit seeks to limit mechanized, motorized use on some area trails

Judge Jeremiah Lynch will hear arguments on behalf of plaintiffs Montana Wilderness Association, the Greater Yellowstone Collation and the Wilderness Society this Thursday, Sept. 11, in a federal court in Missoula.

The lawsuit, which was filed in April of 2007 against the Gallatin National Forest, challenges the U.S. Forest Service's decision to increase motorized and mechanized use in a congressionally designated wilderness study area on the boundary of Yellowstone National Park. The affected areas are Hyalite, Porcupine, and Buffalo Horn Wilderness Study Areas. Messages to the Greater Yellowstone Coalition seeking comment were not returned by presstime.

Tom Owen, local resident, owner of Gallatin Alpine Sports and member of the Montana Mountain Bike Alliance, or MMBA, is hoping the judge finds in favor of the defendant, Gallatin National Forest, because he said a large amount of land that mountain cyclists currently use would be off-limits to mechanized travel and only open to those traveling on foot.

He also said an outcome for the plaintiffs has the potential to negatively impact the sale and rentals of the bikes offered at Gallatin Alpine Sports. According to MMBA, the bicycling industry produces $4.1 billion annually in retail sales and services in the Rocky Mountain states. For Owen it's more than just the potential for lost revenue. Se says he doesn't want to see the land shut out to bicycle use. Owen said the amount of land which would be closed to bikes is 180 miles of trails in the Gallatin Range. Some of the trails that would potentially close if the suit goes through would be Emerald Lake, Hyalite Creek, History Rock, South Cottonwood, Gallatin Crest, Swan Creek, Porcupine Creek, Buffalo Horn Creek, Teepee Creek and Big Creek.

Gallatin National Forest releases its travel plan for the 1.8 million acre forest in December of 2006. The lawsuit was filed after the completion of the travel plan and all appeals to the Forest Service were denied.

The case challenges the Record of Decision, for the Gallatin National Forest's Travel Management Plan and the Environmental Impact Statement which underlies that ROD . Upon the completion of the travel plan in 2006, the Forest Service approved expanded motorized and mechanized activities in the

Hyalite-Porcupine-Buffalo Horn Wilderness Study Area in violation of a statutory mandate to preserve the WSA's wilderness values.

Another part of the lawsuit, which Owen said is important to note, states that members of each of the plaintiff conservation groups use the Gallatin National Forest, including the areas that are subject to the challenged aspects of the Travel Plan, for recreational pursuits, including wildlife watching, cross-country skiing, snowshoeing, hiking, and aesthetic enjoyment.

The motorized and mechanized transport activity sanctioned by the travel plan will deprive those members and individuals of the opportunity to enjoy quiet solitude and serenity in the Hyalite-Porcupine-Buffalo Horn WSA . The legal violations alleged in this complaint cause direct injury to the aesthetic, conservation, recreational, scientific, educational, and wildlife preservation interests of members of the plaintiff organizations.

According the the Greater Yellowstone Coalition's website their reason for filing suit was due to their concern with the landscapes and the wildlife that depend on intact habitat for survival. The suit is asking the court to manage the area as it was intended in 1977: to protect wilderness character, wildlife habitat and opportunities for solitude and to look holistically at how motorized and mechanized use are impacting those opportunities. According to MMBA, scientific studies show that bicycling has an impact on the land similar to that of hiking, and less impact than other modes of travel such as horse use and backpacking.

The judge will hear arguments and make a decision at a later date. No public comment will be allowed. For more on the Greater Yellowstone Coalition log onto www.greateryellowstone.org, and for more information on the Montana Mountain Bike Alliance log onto www.montanamountainbikealliance.com.

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