Utah Environmental Congress
Group sues to halt ATV event

By Donna Kemp Spangler
Deseret News staff writer                                                 
May 26, 2001


Environmentalists are seeking to put the brakes on the popular Fillmore ATV jamboree in the Fishlake National Forest.
Utah Environmental Congress (UEC) filed a lawsuit in federal court Friday against the U.S. Forest Service, seeking to halt the June 26-30 event. The environmental group claims the Forest Service failed to comply with the requirements under the National Environmental Policy Act (NEPA) by not allowing UEC to file an appeal over the decision that permitted the ATV jamboree.
Last March, the Fishlake National Forest and Bureau of Land Management conducted an environmental assessment, analyzing the impacts off-road vehicles would have on the land. In early May, the Forest Service granted the Fillmore Jamboree a special-use permit under a "categorical exclusion," UEC said. That meant the environmental group couldn't appeal the decision.
"We raised a number of issues within our comments on the environmental assessment that were never addressed by the Forest Service," said Craig Axford, UEC program director. "Instead of dealing with the issues or completing the required work in a timely manner, the Forest Service has opted to deny us our right to raise important issues with the regional office through an appeal. This is nothing but a blatant attempt to circumvent the law by the Fishlake National Forest."
Forest Service officials did not return calls for comment.
UEC attorney Jack Morgan said the Forest Service excluded the public from the process. "Under NEPA, organizations such as the UEC, as well as members of the public, are guaranteed the opportunity to meaningfully participate in agency decisions which have or may have an environmental impact. By doing what amounts to an end run around NEPA, the Forest Service has denied the UEC, its members and members of the public that opportunity," he said.
Environmentalists questioned whether the Fillmore ATV Jamboree complied with the guidelines in the Fishlake National Forest Plan.
Of concern was the impact that off-road vehicles would have on watersheds critical to the communities surrounding the national forest. As many as 50 ATVs at one time would cross streams that are valuable fisheries, the group said.