The story behind the event that wasn't: As I said in the Truckhaven article, we found out on Saturday morning that the event was officially cancelled but the BBQ and the raffle were on schedule. Here is a bit of what happened. At the 11th hour, so to speak, the Center for Biological Diversity brought a legal challenge to the CORVA group and their approved fundraising event. It seemed designed to put a crimp in CORVA's pocket books as the Truckhaven event is a major fundraiser for CORVA. CORVA and groups like them fight a hard and expensive battle to keep areas open to OHV use and the green groups are smart and well funded. If anything, this showed how fragile our rights to use these type of lands really are. Read and learn, cuz your event may be next.

From a copy of a letter sent to the Union Tribune newspaper by Rick Fisher, previous treasurer of CORVA. He set up the trails for this weekend's event.

Rick Fisher

Quote:
Hello Mike,

I am the co-chair of the Truckhaven Challenge event mentioned in your recent article. I would like to add a few details to your generally accurate article. Our event was held, as it has for the last 11 years on un-posted private property, which is perfectly legal (see below). Less than a third of the area (six sections) has very recently been purchased, using Off Highway Motorized Vehicle Program funds, with the intent of adding it to Ocotillo Wells State Vehicle Recreation Area.
Off course a proper study has to be done to facilitate any use of the land. The highlight of our event is a self-guided trail-ride following markers I and my partners have placed. It is on established routes and does pass through the recently acquired property. DPR advised us that we would need a permit and application was made. DPR would receive 10%
of the profits as well. DPR required course approval and Friday morning I took six state representatives including an archeologist and a biologist over the course. In one canyon, a protected plant was found and the course was changed. No archeological sites were affected. We were assured that CEQA procedures were being followed and it appeared our permit was to be granted.

Section 17 in the area is owned by the Anza-Borrego State Park Foundation, a private organization, and they requested we avoid their land. They posted it as required by law and we did not enter. This was verified by Anza-Borrego Rangers as well as the DPR personnel on the tour.

As for the State Lands Commission property they were concerned about the Satellite Safari. When I explained that the locations were walking distance from the marked trail and no cross-country travel was anticipated we were told that there was not enough time to get an approval letter but they were satisfied with the steps being taken to protect the land.

When CBD filed suit, the event was taken over by the president of CORVA and the permit request was pulled to avoid a confrontation at this point. The "bomb" dropped by CBD was the big horn sheep critical habitat. All the markers were removed, although there were markers from other organizations in place, and we advised all attendees that the trail-ride was canceled. This cost the organization a significant amount of money.

If you check the state web site http://www.fws.gov/sacramento/es/crit_hab.htm you will see that"Critical Habitat" is a federal designation which does not affect private or state activity. Only activities that require federal funding or permits are affected. The critical habitat is not an impediment to the state permit. I am attaching a letter from our attorney David Hubbard that clearly explains the "no trespass" use of private property (where our event was actually held) and implies that we have a prescriptive use of the land which may mean that no permit is necessary.

Of course there was no "confrontation" because no illegal activity occurred. This is a family event and has never had any trouble.

We intend to meet all requirements and hold our event in the future.

Rick Fisher

However, watching the reponse to this over the weekend at Truckhaven, you could see the support in the people's attitudes and the full donation jars. Many folks gave the money they would have spent on pre-registration anyway and many gave above and beyond that as well.

In response to the legal challenge presented by the CBD, a judge had this to say just recently.

PRESS RELEASE

EcoLogic Partners, Inc.

SACRAMENTO – On Friday, January 26, 2007, Judge Gail Ohanesian of the Sacramento County Superior Court denied a request by the Center for Biological Diversity (CBD) for a Temporary Restraining Order (TRO) that would have shut-down the popular "Truckhaven" area to off-highway vehicle use for the indefinite future.

CBD had sought the TRO claiming that the California Department of Parks and Recreation had failed to comply with the California Environmental Quality Act prior to allowing OHV activities at the Truckhaven property, which State Parks acquired last summer. CBD also alleged that State Parks had allowed the California Off-Road Vehicle
Association (CORVA) to hold an illegal OHV event last weekend (January 20-21) at Truckhaven.

Both State Parks and CORVA submitted detailed briefs and other evidence to the Court demonstrating that no legal violations took place and requesting that CBD's request for a TRO be denied. The Court was persuaded that no restraining order was necessary to protect the resources at Truckhaven.

CORVA's legal counsel, David Hubbard of EcoLogic, said, "This is a great victory for families who enjoy recreation in the southern California desert. For the moment at least, we have preserved a Truckhaven tradition that has been unbroken for more than 50 years."

The fight over Truckhaven is not over yet. Although its TRO request was rejected, CBD still intends to pursue its overall CEQA lawsuit against State Parks over Truckhaven. CORVA and other interested parties will likely participate in the litigation.

For more information regarding this press release, contact David Hubbbard at dph@ecobalance.biz or (619) 992-3600.

(EcoLogic is a non-profit corporation committed to responsible family recreation in the great American outdoors.)

Saturday, January 27, 2007 – 8:15 a.m.
_________________
Vincent J. Brunasso
ASA Co-Founder and past president

Reason to celebrate? Certainly. But there will be more and more of these types of challenges as the enviro-groups try to close it all out to you and me on 2 or 4 wheels. What can we do? Get yourself involved. Speak with your votes, your pen, and your pocketbook. Do it now before it is too late.

For links to Land Access groups nationwide and in your area, see the Land Access section on the front page of C4x4.com, right hand column near the middle.