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Natural
Trails & Waters Coaliton Press Release
March
15, 2002
Department
of Justice Concludes that Off-Road Vehicle Suit "Lacks Merit"
The
Administration Defends Big Cypress Off-Road Vehicle Management Plan
Contact:
Amy Atwood, Attorney at Meyer & Glitzenstein, 202-588-5206 office
or 202-746-9654 cell
Brian Scherf, Florida Biodiversity Project, 954-922-5828
Alix Rauschman, Natural Trails and Waters Coalition, 202-429-2672
Washington DC - The Department of Justice yesterday filed a brief
with the Federal District Court in Ft. Myers, Florida that defends
the National Park Service's Off-Road Vehicle Management Plan designed
to protect Big Cypress National Preserve from the damage caused
by swamp buggies and other off-road vehicles. If the Plan is fully
upheld by the Court, then a critical component of the larger Everglades
ecosystem may finally begin to receive the protection it deserves.
"This is a positive step toward the protection of the sensitive
wetlands of Big Cypress and endangered species such as the Florida
panther," said Brian Scherf, Director of the Florida Biodiversity
Project.
In its response to a lawsuit challenging the Park Service's Off-Road
Vehicle (ORV) Management Plan, the Department of Justice states
in its brief that the arguments offered by off-road vehicle interests
challenging the Plan "lack merit" and are "unpersuasive."
The Department of Justice also concluded that:
- The Park Service fully complied with the law in developing the
2000 ORV Management Plan;
- The Park Service properly modified the ORV Management Plan in
response to public comment;
- The Plan complies with the Big Cypress National Preserve Act;
and
- The Plan is supported by the evidence documenting the negative
impact of off-road vehicles on wildlife.
"This lawsuit is a kitchen sink attack on the Off-Road Vehicle
Management Plan for Big Cypress," said Amy Atwood, Attorney
at Meyer & Glitzenstein. "It is refreshing to see the federal
government present a solid defense of the Plan as Big Cypress deserves
this strong protection."
The Department summed up the consequences of striking down the
Park Service's Plan: "it would be ironic - at best - if the
Court were to impose a remedy for an alleged violation of the National
Environmental Policy Act that resulted in greater harm to the environment."
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