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LEGAL-EASE 101: WHAT IS "STANDING" IN COURT AND NEPA?

By Del Albright

To have a seat at the landuse table when the big decisions are made about your trails, roads and riding areas, you must have "standing" in the NEPA process (and subsequent, if any, legal battles). You as an individual off-roader, are best usually represented by an organization such as your state association, national group or large umbrealla national group --the BlueRibbon Coalition.

During the Scoping process and the review of the Draft EIS, your comments (substantive, meaningful, and specific) need to be included and present. You talk about your "trail" all the way through the process. At the end, if your "trail" is still not on the maps, you have been "harmed" and can file suit against the Record of Decision.

NEPA is the National Environmental Policy Act of 1969.


“The world is run by those who show up,” as the saying goes and seems to hold true.  In landuse (especially in the NEPA) process, the system works best if we are part of each step, from Scoping, to Draft documents, public meetings and comment periods, to the final decisions.

The key is to be in the game from the get-go. Get your name on sign-in sheets at public meetings; list the organizations you belong to when you do sign-in; make substantive comments on NEPA points and specific trails that you know about and use.

John Stewart, noted landuse advocate, kicks it in simple terms for us here about what is standing, how does Scoping work, and how does this NEPA stuff come together http://www.4x4wire.com/ thats-my-view/ participation-leads-to-standing

NEPA Menu Box
NEPA Overview, Process made simple >>>
NEPA Flow Chart >>>
Standing -- in NEPA and Court >>>
Intervenor -- in legal action vs. plantiff filing >>>
Jargon of NEPA -- the terms used
Agressive Legal Action Program of BRC

 

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