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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