OHVs – A coalition of conservation and recreation groups have settled their lawsuit to halt the Forest Service opening of 350 miles of roads across the Okanogan-Wenatchee National Forest to wheeled all-terrain vehicles (WATVs). 

The lawsuit was filed June 30, 2015, in federal court in Seattle four days after the Forest Service opened the six new WATV routes. 

The groups charged that opening the WATV Routes in June 2015 violated both NEPA and the Travel Management Rule.

The routes were closed in September 2015, and the Forest Service agreed it will not open any roads to WATV use without first complying with the National Environmental Policy Act and specified sections of the Travel Management Rule.  The Forest Service will pay plaintiffs’ attorney fees and costs.  The court will retain jurisdiction until 90 days after Okanogan-Wenatchee National Forest issues its Travel Management decision for the whole Forest.

The court on March 8 gave the environmental groups judicial recourse should the Forest Service fail to comply with the settlement terms.

The plaintiff coalition consists of Alpine Lakes Protection Society, Kittitas Audubon Society and Sierra Club.

Travel Management designates which roads and trails are open to various classes of motor vehicles, including off-road vehicles (ORVs) such as motorcycles, 4x4s (jeeps and pickups), and all-terrain vehicles (ATVs), which include WATVs. 

Okanogan-Wenatchee National Forest has not completed its decade-long Travel Management process, begun in November 2005.

Following are statements from coalition leaders:

“Addressing the designation of WATV routes belongs in the public Travel Management process, just like designating all other ORV routes on our National Forest lands,” said Harry Romberg of Sierra Club.  “Sierra Club has actively participated in the Travel Management process for ten years, and we’re pleased that the Forest won’t exempt these WATV routes from the public process.”

Prior to the lawsuit, the Forest Service said it could not commit any additional funding or personnel for monitoring, enforcement, or restoration of damaged areas if riders travel off-road.  “We’re concerned about agency capacity to deal with illegal and harmful off-road riding.  We need law enforcement’s presence out on the land, but the Forest Service is already stretched thin,” said ALPS president Karl Forsgaard.

“Fifty years ago, too many hiker-horse trails were taken over by machines without any environmental analysis being done, and the Travel Management Rule is designed to fix that,” said Forsgaard.  “Some of those trails need to be de-motorized and returned to hiker-horse use.  The Forest Service needs to take a hard look at the machines’ impacts in the backcountry, degradation of habitat quality and impairment of other recreational users’ experiences.  We look forward to seeing their analysis.”

When it closed the WATV Routes in September 2015, the Forest Service removed at least some of the new WATV route signage and kiosk postings, but it is also agreeing to re-survey the routes by the end of May 2016 to remove all WATV route signage, regardless of whether it was placed by the Forest Service or third parties. 

The environmental groups say ORVs, which are designed for off-road use, have the potential for significant, negative impacts on the natural environment. 

Plaintiffs are represented by attorney Dave Bahr of Bahr Law Offices, P.C., in Eugene OR, and attorney Paul Kampmeier of Kampmeier & Knutsen PLLC, in Seattle WA.

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