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Off-Roaders Win Lawsuit to Close OHV Park

OFF-ROADERS WIN AGAINST LAWSUIT TO CLOSE BAY AREA OHV PARK

OAKLAND, CA --The BlueRibbon Coalition (BRC), a national trail-based recreation group, wants to congratulate the California OHV Program in a recent court victory to keep a popular state managed motorized park open in the S.F. Bay Area. The suit was dismissed "with prejudice" under a recent stipulation, meaning that it cannot be re-filed.

Late in 2009, two anti-OHV groups filed an action against California State Parks and the Off-Highway Motor Vehicle Recreation Division, alleging violations of state laws regarding water pollution at Carnegie State Vehicular Recreation Area. The California Sportfishing Protection Alliance and Public Employees for Environmental Responsibility filed the suit in the Superior Court in Alameda County alleging violations of state laws regarding water pollution at the park. 

The anti-access groups won an initial round in the Superior Court, but that decision was reversed on appeal.  In the meantime, the agencies have worked diligently to address water quality to the apparent satisfaction of the anti-access groups. The stipulation resolving the case makes clear it is not to be construed for any purpose as an admission of liability.

Don Amador, Western Representative for the BlueRibbon Coalition, stated, "I want to thank the hard working staff at the Division and the thousands of users who fought back against this unwarranted lawsuit. This whole case could have been avoided if tshe anti-OHV groups had offered to work with the park in a cooperative manner instead of filing a lawsuit to close the park down."

"The park and Central Valley Water Board are to be commended for their patience and professionalism under difficult circumstances, and they set an example of how agencies can work together to address environmental issues without resorting to litigation," Amador concluded.

Read the Stipulated Judgment here:

http://www.sharetrails.org/uploads/Carnegie_Stipulation_2012.pdf
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