1. OffRoadRider15f

    OffRoadRider15f Adventurer

    Joined:
    Jul 6, 2014
    Oddometer:
    16
    Contact: Jacquelyne “Bebe” Theisen FOR IMMEDIATE RELEASE
    Phone: 530-888-8302
    E-Mail: FriendsofTahoeLawsuit@gmail.com

    USDA TAHOE NATIONAL FOREST SENDS OHV GROUPS A MESSAGE

    Pacific Legal Foundation, Friends of Tahoe Forest Access et al v. Tahoe National Forest Lawsuit Update

    AUBURN, CA - In an effort to discourage OHV groups from filing lawsuits against the Forest Service, Tahoe National Forest and the
    USDA levied outrageous and unreasonable fees against the groups for “copies” of the Administrative Record delivered to the Federal
    District Court.

    Background: In an effort to reverse over 800 miles of illegal road closures in the Tahoe National Forests 2009 Travel Management
    decision, the Friends of Tahoe Forest Access et al, sought the counsel of the Pacific Legal Foundation. By what some would call a
    miracle, this legal powerhouse, a watchdog of the the little guy, agreed to take the case.

    Completely outrageous charges for a very simple Summary Judgment were levied against Friends of Tahoe Forest Access (FoTFA),
    Friends of Greenhorn (FOG), Nevada County Woodsriders (NCWR), Grass Valley 4Wheel Drive Club (GV4WDC), WeBilt 4WD Club
    (WB4WDC) and 2 individuals in the case brought by the Pacific Legal Foundation last month.

    When the bloated invoices were protested by Pacific Legal Foundations Attorney Ted Hadzi-Antich, Judge Mendez sided with the Federal
    Government and upheld the charges levied against the OHV groups in the amount of $14,875.00. Judge Mendez stated in the appeal
    denial that it is legal to bill for direct costs.

    The charges included $275.00 in fees and over $14,600.00 in printing costs (invoices attached). Pacific Legal Foundation charged it's
    clients only $562.00 for only the relevant information required to prepare for the case. The Justice department found it necessary to not
    only print one entire copy of the Administrative Record, but a second electronic copy was created and delivered to Judge Mendez of the
    Federal District Court. They are required to provide only one digitized copy to the court, instead they chose to produce 2. Charging the
    groups for copies is discretionary. So the message is clear.

    In preparatory meetings prior to filing the suit in Federal District Court, the question was posed by the Plaintiffs to Pacific Legal
    Foundation's counsel, if it were possible that the Federal Government would bill us for legal expenses, the answer was it was within the
    rights of the government to bill for expenses, but that in the history of these types of legal battles, it was very rare, highly unlikely, and
    had never happened in Mr. Hadzi-Antich's 30+ year legal history.

    The case has now been appealed to the 9th circuit Court of Appeals. On May 19th, 2014, Pacific Legal Foundation moved one step closer
    to seeing this case “all the way through to the Supreme Court”.

    To our fellow off roading public, the groups above do not have the means to cover this egregious expense, and are asking that we reach
    out to those who utilize roads and trails in the Tahoe National Forest to do what they can to help us cover this cost. It is important that we
    not be discouraged by this “message”, and that we send our own message - that the US Forest Service cannot deter us from taking legal
    action in the future.

    A PayPal Account has been set up for electronic donations which can be gifted to FriendsOfTahoeLawsuit@gmail.com, while checks can
    be made Payable to Grass Valley 4-Wheelers Inc. and sent to P.O. Box 824 Grass Valley, CA 95945. If our forest users can donate the
    amount of what it would cost for 1 tank of fuel or a weekend in the forest, we could easily reach our goal of $15,000.00. The government
    is charging interest on this bill, and it will accrue until paid.

    ###

    For more information on this release or to schedule and interview with Jacquelyne “Bebe” Theisen, please call 530-888-8302 or e-mail at
    FriendsOfTahoeLawsuit@gmail.com.

    Thank you,

    Jacquelyne "Bebe" Theisen
    #1
  2. Rockgarden Bob

    Rockgarden Bob Been here awhile

    Joined:
    Feb 20, 2009
    Oddometer:
    227
    Location:
    Chico, CA.
    I can't begin to express how important this for all of us who ride and recreate on the Tahoe National Forest and all of our Public lands. Please help out with anything you can. This is a very legitimate and worthy cause.
    #2
  3. NSFW

    NSFW basecamp4adv

    Joined:
    Feb 20, 2007
    Oddometer:
    17,906
    Location:
    Burbank CA
    i rode tahoe area twice. have good friends living there and nearby.

    slim chance i will be riding there again, but i support the cause.

    no one should get denied of what belongs to the public!

    pp sent.
    #3
  4. fletch123

    fletch123 Been here awhile

    Joined:
    Sep 29, 2006
    Oddometer:
    382
    Location:
    Truckee, Ca.
    Thanks for posting this. Some friends and I bumped into Dave Woods up in Downieville a few weeks back and he shared this story with us. He mentioned that there was a link to donate on Thumper Talk and I gave my word that I what make a contribution. Well I kind of had forgotten, but now I am reminded and will make a contribution right now. These guys should be applauded and supported for the work they do. It is refreshing to see someone taking the fight to the FS service.
    #4
  5. Foot dragger

    Foot dragger singletracker

    Joined:
    Dec 27, 2006
    Oddometer:
    13,306
    Location:
    chico,just below rag dump(nor-cal)
    The USFS has as many free lawyers as they need,dirtbikers dont.

    Donating even 25.00 would help
    #5
  6. joefromsf

    joefromsf Dark Happens

    Joined:
    Apr 28, 2005
    Oddometer:
    1,711
    Location:
    San Francisco
    Paypal sent. I ride in TNF more than any other.
    #6
  7. NSFW

    NSFW basecamp4adv

    Joined:
    Feb 20, 2007
    Oddometer:
    17,906
    Location:
    Burbank CA


    folks who are apprehensive regarding this post from OP and first post...no worry.

    Bebe Theisen is well known in the 4 wheel and off road community.

    Agree, that's a lot of money to raise, but we'll never make it if we just sit and wait for others.

    Even if we lose this, putting a fight is a good cause. Having supporters give our front line people the energy to continue on and fight the next one.

    I know, many of us find this forum as simply an entertainment and source for help. Time we do a little different. Any amount will do.
    #7
  8. HardWorkingDog

    HardWorkingDog Harvey Mushman

    Joined:
    Aug 20, 2009
    Oddometer:
    2,031
    Location:
    Walnut Crick, Cal.
    ^

    Yep.
    #8
  9. sharpie1

    sharpie1 Been here awhile

    Joined:
    May 28, 2010
    Oddometer:
    178
    Location:
    Reno-so close to hell you can see Sparks
    Paypal sent.
    #9
  10. OffRoadRider15f

    OffRoadRider15f Adventurer

    Joined:
    Jul 6, 2014
    Oddometer:
    16
    Thank you for your support!
    #10
  11. HardWorkingDog

    HardWorkingDog Harvey Mushman

    Joined:
    Aug 20, 2009
    Oddometer:
    2,031
    Location:
    Walnut Crick, Cal.
    (donation already sent).

    Is part of the lawsuit now about the egregious fees charged, or is the decision by Judge Mendez final?

    I can be dense as a chunk of Tahoe granite sometimes...
    #11
  12. kkm

    kkm Adventurer

    Joined:
    Apr 20, 2013
    Oddometer:
    78
    Location:
    Carson City, NV
    Do you know the saying ( Pissing into the wind ) The freaks in Calif will have there way. That state is so F___ked up. The lib turds and freaks have taken over. I hope they stay the hell out of Nevada
    Kevin
    #12
  13. HardWorkingDog

    HardWorkingDog Harvey Mushman

    Joined:
    Aug 20, 2009
    Oddometer:
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    Location:
    Walnut Crick, Cal.
    ^

    Do you know the saying "If you're not part of the solution..."?
    #13
  14. wrk2surf

    wrk2surf on the gas or brakes

    Joined:
    Dec 16, 2007
    Oddometer:
    7,593
    Location:
    THE exact center of California/Bass lake/Yosemite
    wondering out loud how the lawsuit churning sierra club or biological diversity crew have ever been ordered to be held liable for their (frivolous) thousands and thousands of suits ?
    #14
  15. yellowbronco

    yellowbronco Been here awhile

    Joined:
    Mar 1, 2007
    Oddometer:
    210
    Location:
    Sacramento
    I just donated $100. Who wants to match?
    #15
  16. kkm

    kkm Adventurer

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    Apr 20, 2013
    Oddometer:
    78
    Location:
    Carson City, NV
    Part of the solution! Really. How has it worked out so far in Calif. Unless you change the entire political make up in your state it will get nothing but worse. You are out voted big time by the lib turds and freaks. I wish I had a simple answer for you. Yes, we all must try to do what we can.
    Kevin
    #16
  17. HardWorkingDog

    HardWorkingDog Harvey Mushman

    Joined:
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    Location:
    Walnut Crick, Cal.
    #17
  18. OffRoadRider15f

    OffRoadRider15f Adventurer

    Joined:
    Jul 6, 2014
    Oddometer:
    16
    No, we are appealing the judges decision on the original case to the 9th circuit. If the 9th circuit overturns Judge Mendez ruling then we will ask for reimbursement.

    PLF attorney's, with 35 years of experience, have not heard of this occurring in the West. It has occurred a few times in eastern district courts. This is intimidation to stop future cases. We are not a large, well funded, Pro OHV organization. None of us are paid land use folks. We came together when it became clear that the paid OHV advocates/orgs. had no plans to engage.

    "Take what they give us" Don Amador. "We can't win in the 9th circuit" Don Amador. True statements, however when are we going to learn how to win if we never engage?

    NEPA requires participation at every step in the process to create "standing". Without standing one can not litigate. AMA and BRC did NOT create standing. Sierra Access Coalition and CORVA did create standing and will be represented by PLF on another Travel Management case on the Plumas NF.

    Our groups participation in the process did lead to some routes being legally designated. We forced the Tahoe NF to draft a Supplemental Draft Environmental statement (SDEIS) to correct the errors in the original DEIS. Delayed the process.

    We also called out the errors in the MVUM when it was originally made public. Our pressure forced the MVUM to be pulled. Which meant that the decision was unenforceable. Nearly two year delay in enforcement.

    The corrected Tahoe NF MVUM is out now and is enforceable.

    The USFS did violate the NEPA process and we called out those errors. We are moving forward with our appeal in the 9th circuit. Pacific Legal Foundation has taken on the Sierra Access Coalition case on the Plumas NF.

    PLF should be supported for its work to preserve public access. PLF took our case and the SAC/Plumas NF case pro-bono.

    Thanks for your support!
    #18
  19. tomfoolery

    tomfoolery procrastinator

    Joined:
    Feb 23, 2006
    Oddometer:
    122
    Location:
    Auburn,NORCAL
    Paypal sent.
    #19
  20. NSFW

    NSFW basecamp4adv

    Joined:
    Feb 20, 2007
    Oddometer:
    17,906
    Location:
    Burbank CA
    hi kevin, thousands share your belief and i would not argue with you.

    all i am asking is respect this thread, this is all about Tahoe NF and the people fighting to get the trails reopened.

    keep your political views elsewhere. if you don't want to help, please leave us alone. there are plenty of other folks who care and want to help in this cause.
    #20