Tellico - SFWDA, U4WDA, and BRC file Notice of Intent to Sue - Toyota FJ Cruiser Forum
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post #1 of 1 (permalink) Old 04-29-2009, 07:44 PM Thread Starter
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Tellico - SFWDA, U4WDA, and BRC file Notice of Intent to Sue

As was posted in the Tellico is closed thread:

uploads/5/Tellico_NOI_FINAL_4-27-09.pdf

Please see the attached letter. This week the SFWDA along with the UFWDA and BRC issued a notice of intent to Sue under the Clean water act.

The Forest has engaged itself and the public in a nearly two-year process of swallowing the SELC NOI conclusions hook, line and sinker. The central conclusions of the February 27th letter and the Order/DM closely follow the allegations, if not specific wording, of the NOI. The NOI allegations and Forestís acceptance of them cannot be squared with the facts or applicable law. Notwithstanding their concerted effort to pursue collaborative and creative solutions at transitioning to a meaningful, active management system at the Area, the Recreational Groups find themselves backed into a corner by the Forestís actions. Such actions reflect erring on the side of eliminating use that has been continuing for decades. Sadly, the Forest apparently perceives an unsolvable dilemma, despite the fact that alternative, more successful management strategies have been proposed to the Forest from internal and external sources. Absent a meaningful response to the concerns raised here the Recreational Groups will find themselves with no resort but the courts.

Jay Bird
Past President - SFWDA
Ambassador Member - UFWDA
Lifetime Member - Blue Ribbon Coalition
Past President - GA Bounty Runners

What this means to us is that we have 60 days before SFWDA can file suit. They will sue based on the reasons given in the letter. The suit is for the emergency closure action only because there is no decision on the EA yet, so no suit is possible.

Heather
Red and White 1973 FJ55
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