Show The Herald Journal Logan Utah Monday March 29 2004 — A5 Utah Court considers right to sue over land management KANAB(AP)— Althe While most respect the boundaries he said “there’s no trail markings in - line in the nearby protected as the Grand National Monument a designation just short of national park status The BLM insists it is taking steps to protect four wilderness study areas and other southern Utah lands at issue in the Supreme Court case by posting signs building fences and helping run public educa- tion campaigns for vehicle riders “It’s really an incorrect characterization to say we have failed to act” said Sally Wisely who oversees 23 million acres as Utah BLM director But she acknowledged her agency is stretched thin in Utah where “the landscape is wide open" and only one ranger is on hand for every 5 million acres or BLM rangeland Rangers can check a wilderness study area one day but “the next day you go out somebody on a motorcycle decided to do some wheel- off-roade- rs Coral Pink Sand Dunes enthusiasts driving dune buggies can roar into a wilderness study area from an adjacent state park without even knowing it That has given rise to a US Supreme Court case underscoring the battle over millions of acres of potential wilderness preserves The state vehicle park is bordered on three sides by the wilderness study area and conservationists say the Bureau of Land Management isn't doing enough to protect the fragile dunes and their ancient stands of pondcrosa pine The nation's highest court hears arguments Monday on whether citizen groups can sue (heBLM to force it to bet- ter protect public lands awaiting a decision on wilderness designation The clash of competing interests is most pronounced here about 2S0 miles south of Salt Lake City where the border defining Coral Pink's most delicate dunes from ATV traffic is lit- tie more than an imaginary sand-“Yo- need a map to figure it all out” said A1 Hall a retired construction worker who runs a $2500 dune buggy built with parts from two cars ‘ Staircase-Escalan- te perse' The BLM has recommend- ed against wilderness designation for this forested high desert land and it has turned down suggestions from wilderness advocates that the 14830-acr- e Moquith Moun- tain wilderness study area be fenced to keep out illicit ATV traffic saying it would not be practical or economical ATVs are allowed to travel inside the protected zone on a loop road and two side trails A final decision on wilder- ness protection is up to Congress but land managers are ' supposed to preserve study areas in pristine condition in case Congress decides they ' should be formally protected Once roads are cut in wilderness study areas preservationists say the backcountry no longer meets the standard of wilderness So the Southern Utah Wilderness Association sued BLM seeking to force land managers to be more aggressive in protecting the dunes and other Utah wilderness study areas A federal judge threw out SUWA’s case but the jgroup prevailed at the 10th US Circuit Court of Appeals in Den- - all-terra- in ' Retired construction worker Alfred Hall poses by his “sand rail" dune buggy at a trailhead at the Coral Pink Sand Dunes March 19 outside Kanab At the Coral Pink Sand Dunes an ATV park is bordered on three sides by a wilderness study area making trespassing ail but inevitable: Conservationists say the Bureau of Land Management isn't doing enough to protect the dune's ancient stands of ponderosa pine cretionary act of the executive branch and courts cannot force the administration to exercise it the Bush adminis- tration and groups argue in the case If the Utah environmentalists succeed they say the normal administrative process would be replaced with unending ver which ruled BLM could be sued for allowing damage to the lands The Justice Department is appealing that decision to the Supreme Court arguing that citizens groups would gum up 'government if they are allowed to challenge every land management decision Closing study areas is a dis off-roadi- ng : In brief The problem here under- - ies” she said “We don’t think there's impairment” Wisely said scores the' clash over millions of acres of potential wilder- ness in Utah’s redrock rt 'canyons and lands as well as in other states A deadlocked Congress haisn’t designated any wilder- ness in Utah for two decades although President Clinton in 1996 ordered 19 million acres “Obviously managing public high-dese- lands is a huge challenge That continually tests us aiid I think we're doing a pretty good job Thai's not to say there isn't some problems out there"- - Mining operator requests new entrance Matheson officially kicks off his gubernatorial race Department's Office of Surface HUNTINGTON (AP)— As more coal is extracted fromiii Emery County it’s becoming increasingly harder for miners to get to work The undeiground trip is as long as 12 miles in some spots and the company that operates the mine wants a new entry “This would help reduce the travel undeiground" said Mary Ann Wright associate director of mining for the Utah Division of Oil Gas and Mining (he agency overseeing the project delegated by the Interior SALT LAKE'CITY (AP) — Utah officially has a Democrat running for the state's highest office : Scott Matheson Jr kicked off his campaign Saturday with a rally at East High School He said that the state was at a crossroads and Utahns should push to move ahead “We halve reached a critical moment in time a moment when important choices must be made when we must decide whether we will make do with what we have achieved or whether we will do better" Matheson said Matheson faces an uphill road to the top job at the Capitol Democrats are outnumbered two to one in the Legislature and hold just one of the state's five congressional seats Nine Republicans arc vying for their party’s nod in the June primary : ' Man apparently drowns in spring — The DELTA an Eskdale who was swim- man (AP) body of ming in a popular recreation spot has been recovered Jesus Chauaitia Marquez 34 apparently drowned after going underwater last week the Millard County Sheriff’s Office said Marquez and his family were at Warm Creek Springs when he disappeared under water and did hot resurface The man's body was located by the sherifT's office dive team - 1 AP photo Off Mining (OSM) Energy West a subsidiary of PdciflCorp and operator of Deer Creek Mine wants to build a new portal in nearby Rilda Canyon “It will take about five miles off undeiground trip time” PacifiCorp spokesman Dave Eskelsen told The Deseret Morning News for a story Sunday The proposed entiy would consist of a Concrete for allow to pad parking and a : 10-ac- re produce electricity at Carbon Hunter and Huntington power plants “The reserves available in the Deer Creek mining lease are approaching an end” Eskelsen said The company acquired additional coal leases in nearby Mill Fork allowing the company to access the coal from a different direction ' But environmentalists arc ' wary of the project which is in the early stages of environmental analysis - see wtaeaff's i ora Brasndle ©qjiOd oiraPif iraoy ©flairs goDDflGfj - shower facility for the 225 miners who work the mine From there workers would travel undeiground to load the coal onto a conveyer that takes it to the other end at the Deer Creek portal There it is loaded onto trucks and sent primarily to PacifiCorp’s Huntington Power Plant Company officials say the portal is also necessary to extend the life of the mine for another 1 5 years The mine produces about 4 million tons of coal annually which is used to But more importantly it might help you understand why you may be experiencing problems like: Hearing hut not being able to distinguish certain words Feeling your spouse or other family methhers mumble Frequently asking people to repeat themselves puessing what others are saying People saying the TV is too loud Difficulty hearing on the phone Now you can find out what's happening inside your ear - 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