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Show j_winty 4f 1 ) PANGUITCH • PANGUITCH LAKE • HATCH • BRYCE • TROPIC • ANTIMONY • HENRIEVILLE • CANNONVILLE • ESCALANTE • BOULDER Thursday, January 20, 2011 • Issue # 306 MAJOR VICTORY IN COURT RULING ON RS2477 ROADS A 9-2 decision reverses an earlier ruling by the court which agreed with a federal judge that the groups had a vested interest in the legal battle. The ruling Tuesday said groups such as The Wilderness Society and theSouthern Utah Wilderness Alliance lacked property rights in the disputeand therefore didn't have standing. "The Wilderness Society has taken sides in what is essentially a propertydispute between two landowners, only one of which is represented (KaneCounty). But The Wilderness Society lacks any property rights of its own,"the ruling stated. Utah Representative Mike Noel, R-Kanab, one of the chief advocates in theRS2477 toadway issue was pleased with the ruling. "This is a major deal. This is a big win for all the counties," he said. One of the attorneys in the case was newly-seated Senator Mike Lee,R-Utah, who was hired by the counties to challenge environmentalists overan issue that has dogged Utah for decades and policymakers throughout therural West. Under a "pro-development" policy following the Civil War, Congress grantedrights of way to state and local entities to promote the construction ofhighways over public lands not reserved for "public uses." RS2477 was repealed in a subsequent federal act in 1976, although thelegislation preserved any existing rights of way which led to showdownbetween the county and federal government when national monument orwilderness designations declared historic roadway uses off-limits. The issue came to a head in Kane County when local officials removedBureau of Land Management signs in 2003 that prohibitedoffhighway-vehicle use on roadways maintained by Kane County. The countytheir own signs saying that OHV use was permitted. Both The Wilderness Society and the Southern Utah Wilderness Alliancesued, saying such use of the land was in direct contradiction to federalland management plans. Environmentalists contended they were assertingtheir "conservation interests" and were not trying to stand in for thefederal government, which didn't seek to fight the counties because thesigns were subsequently removed. The issue was heard in federal court in Utah, where Judge Tena Campbellruled that environmentalists had a stake in the fight. Backed by the state and other rural counties, Kane County appealed to the 10th Circuit, 250 E_ Center Street ranguitch, UT 8+759 T: +35 616 812) - r: +35 676 8 1 35 balance , Dizziness WEATHER THURSDAY SUNNY 0 SUNNY S MOSTLY SUNNY HIGH: 32 LOW: 16 FRIDAY HIGH: 40 LOW: 19 SATURDAY di HIGH: 37 LOW: 18 SUNDAY PARTLY CLOUDY HIGH: 36 LOW: 17 MONDAY/ SUNNY HIGH: 37 LOW: 20 TUESDAY SUNNY HIGH: 40 LOW: 19 WEDNESDAY SUNNY Member of: or Utah Press IFPA. NDEPENDENT FREE PAPERS OP AMERICA Bryce Valley High School should be very proud of both the girl and boy Junior Varsity basketball teams. The girls JV team played Milford High school in the championship game bringing home the coveted trophy. The girls tourney was held at Milford High School on January 8th and 9th, 2011. Not to be out done, the boys JV basketball team won their sophomore tournament held Jan 14, and 15th on their home court at Bryce Valley High School. They defeated a very tenacious and disciplined Valley Buffalo squad. Congratulations to both girl and boy teams for representing Bryce Valley High School in such fine fashion and making school history by bringing home the trophies for both tournaments. Good luck throughout the rest of the season Basic Personal and Family Finance/ IDA Class Series Wednesdays, January 19, 26 and February 2, 23. County Courthouse in Panguitch 7:00 — 9:00 p..m. The class is free to anyone who signs up as a Utah Saver. Anyone is welcome to attend this class, but it is also a pre-requisite for lowincome, working adults who qualify into the IDA (Individual Development Account) a national program to build wealth. The individual can save money towards a first time home, a secondary education or a small business and their money is matched 3 to 1. To register or for more information, please contact SuzAnne Jorgensen 435676-1114 or suzannej@ ext.usu.edu. You can also find out if you qualify, register for the classes, or find more information by visiting: Web: www.unidan. org. SuzAnne A. Jorgensen, MS, CFCS Utah State University Garfield County Extension WA DIRECTOR BOB ABBEY INVITED TO VISIT UTAH At the direct request of Utah Governor Gary R. Herbert, Bob Abbey, Director of the U.S. Bureau of Land Management, is scheduled to meet with state officials this Friday. Abbey plans to meet with the Governor's Balanced Resource Council to address questions regarding a controversial December 2010 Department of Interior announcement of a new Wild Lands designation. "There was no policy discussion with the State. There was no formal notice this was being considered," Governor Herbert said. "The federal government suddenly administratively locked up additional Utah lands without even consulting us and we want an explanation." The surprise designation of "Wild Lands" appears to violate a 2003 compromise between then-Utah Governor Mike Leavitt and Interior Secretary Gale Norton, where both agreed that the authority to designate federal lands as wilderness study areas had expired. The agreement recognized that 3.2 million acres of wilderness study areas, acreage managed by the BLM as if it is actual wilderness, would remain, and that other sensitive lands could be protected under other BLM authority. The Governor is concerned the recent Interior announcement could jeopardize ongoing negotiations surrounding Utah's wilderness. "We need to better understand what this decision means. It has real potential to forestall Utah's ongoing efforts to resolve the wilderness issue," he said. Upon learning of the December 23, 2010, Interior announcement, entitled "Secretarial Order 3310," Governor Herbert formally requested Abbey come to Utah to discuss the major change in federal wilderness policy and meet with his Balanced Resource Council. Under the leadership of Ted Wilson, the Governor's senior advisor on environmental matters, the bi-partisan Balanced Resource Council prioritizes and recommends action on issues like public lands policy, water and air quality, and natural resources. All truths are easy to understand once they are discovered; the point is to discover them. HIGH: 41 LOW: 20 **** which upheld the lower court's decision. However, the countyfound a scathing dissent by one of the three justices who heard the caseencouraging. Justice Michael McConnell wrote that to agree with the lowercourt's ruling was to turn the issue of property rights on its head. He said in that reasoning, allowing environmental groups a say in thematter would be akin to giving them the right to sue in defense of hisneighbor's property rights in a fight with a competing claimant. The counties, buoyed by McConnell, requested an "en banc" hearing whichmeans the case its legal implications would be heard again before the fullpanel of 10th Circuit Court judges. The only two justices to issue a dissent Tuesday were the original two whosat for the first hearing. One of which wrote that "Tuesday's decisionwill work untold mischief and went on to emphasize that the decision posesa real threat to the availability of relief for those injured byunconstitutional state action." BUS SOPHOMORE BASKETBALL TEAMS CAPTURE CHAMPIONSHIPS Galileo Galilei Afic Vp ''' iAll 101• ,..t• Ma 11Ama NM •tig hr. THE GARFIELD COUNTY INSIDER is owned and operated by Snapshot Multimedia and is distributed weekly to all of Garfield County. Its purpose is to inform residents about local issues and events. Articles submitted from independent writers are not necessarily the opinion of Snapshot Multimedia. We sincerely hope you enjoy the paper and encourage input on ideas and/or suggestions for the paper. Thank you for your support. Multimedia Phone: 435-676-2621 Fax 1-888-370-8546 PO BOX 472, Loa, Utah 84747 snapshot@scinternet.net ALL content for THE GARFIELD COUNTY INSIDER must be submitted on FRIDAY BEFORE 5:00 PM to be included in the following Thursday edition of the paper. BOXHOLDER PRE-SORT STANDARD PAID LOA, UTAH PERMIT No. 5 |