Litigation

Forest Service
RE: OHV Rule

This section contains material intended for use only by directors, coordinators and staff.

DO NOT share the password with anyone.

36 CFR Part 295 was a federal regulation that codified executive orders that mandate the management of OHVs and OSVs. In December 2005, 36 CFR Part 212, often referred to as the OHV Rule, replaced 36 CFR Part 295. Unfortunately, Part 212 specifically exempts over-snow-vehicles from mandatory regulation.

Winter Wildlands Alliance intends to file a challenge of the exclusion in federal court by December 2011, which is the statute of limitations deadline. Snowlands Network has actively worked with WWA in getting to this point. WWA and Snowlands expect to be joined by many other like-organizations in the lawsuit.

We expect Advocates for the West to be lead counsel in the case.

Please note: Marcus Libkind and Bob Rowen have participated in formulating the challenge to the OHV rule. Only they should be commenting to the media on this litigation. All articles, e.g. for the Bulletin, should pass through one of them for review. No comment about this case will be made until after it is filed.