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Top Story

Aug. 15, 2008

Judge rebuffs Inyo County

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FRESNO, Calif. -- A federal judge earlier this week largely threw out a lawsuit by Inyo County, Calif., to open highways through remote roadless areas of Death Valley National Park.

Inyo County officials had hoped to take control of three routes -- little-used paths and canyon bottoms -- using a repealed, 19th-century right-of-way law known as R.S. 2477.

The judge ruled the county waited too long to assert its claims to the three roads within the national park because they were included in wilderness study areas by the federal Bureau of Land Management in 1979.

The court agreed with arguments by conservation groups and the National Park Service that the county's claims were barred because it had failed to file suit within the 12-year statute of limitations. The court thus dismissed the county's claims to all of one route and most of the other two routes.

The ruling will protect desert tortoise, bighorn sheep, and remote archeological and cultural sites within Death Valley National Park, the largest national park in the lower 48 states.

Six conservation groups -- Sierra Club, The Wilderness Society, California Wilderness Coalition, National Parks Conservation Association (NPCA), Center for Biological Diversity and Friends of the Inyo, all represented by Earthjustice, a nonprofit environmental law firm -- intervened to support the National Park Service and to ensure that these public lands in Death Valley are protected from off-road vehicle damage.

"Death Valley National Park is one of our nation's treasures," said NPCA program manager Michael Cipra. "The court's decision is both an affirmation and a reminder to all Americans that we must continue to protect the park's wildlife, archeological sites, and unique desert wilderness for our children and grandchildren."

U.S. District Judge Anthony W. Ishii said the county was on notice in 1979 that the federal government intended to restrict activities in these areas and would not allow the claimed routes to be paved or upgraded in a way that would impair wilderness values.

The county sought rights-of-way in hopes of tearing down Park Service barriers and initially asked for the right to build two-lane highways in roadless desert canyons and valleys.

"I'll bet the horned lizards and chuckwallas are dancing in the desert washes right now," said Paul McFarland, executive director of Friends of the Inyo, a Bishop-based public lands conservation organization. "Hopefully, this sound decision will let us move beyond bogus road claims to focus on working together to better sustain one of our most valuable assets here in eastern California -- our wild desert."

Areas that will be preserved:

* Greenwater Canyon, on the east side of the park, is rugged, narrow and deep, carving a twisting course through volcanic rock. Forty-two prehistoric sites containing more than 300 important petroglyphs are found in the canyon, which also provides habitat for desert bighorn sheep and desert tortoise.

One of Inyo County's claimed "highways" would have cut through the canyon for about 10 miles. The court's decision threw out the county's claim to all of the routes inside the canyon.

* Greenwater Valley, to the south of Greenwater Canyon, is covered with lush, dense vegetation. The area includes important habitat for the Black Mountain bighorn sheep herd and desert tortoise.

When Inyo County illegally bulldozed a three-mile route across an abandoned jeep track in 2004, the Park Service re-vegetated both ends of the route to restore the area's natural values.

The court's decision threw out Inyo County's claim to all of the route.

* Last Chance Canyon, at the northern end of Death Valley, is a remote and scenic area that is home to cougar, deer, coyote, and badger. Inyo County claims a 10-mile "highway" runs up the canyon, which narrows into a boulder-choked, tree-strewn gulch.

At the head of this gully, the county claims its "highway" ascends a nearly vertical 50- to 200-foot ridge of unstable rock. The court's decision threw out Inyo County's claim to all but the northern half-mile of the route.

IN BRIEF

J.G. Johnson registration

J.G. Johnson Elementary School will hold registration for new students 8-3:30 p.m. beginning the week of Monday, Aug. 18.

Bring a copy of the student's birth certificate, up-to-date immunization records (new requirements Hepatitis A and Varicella), verification of address (utility bill), parent or guardian photo ID, student Social Security card and last report card or transcript if possible. Call 727-6619 for more information.

Pathways applications

Pathways High School/Middle School is accepting applications for enrollment 8-3 p.m., Monday through Friday, at the office, 484 S. West St., Building A.

Call 751-6822 for more information.

School district needs driver

Nye County School District is looking for volunteer driver for the six-passenger Even Start van.

Two to three volunteers are needed. A good driving record is essential and previous bus driving experience is a plus.

Drivers are needed 7:30-9 a.m. and noon-1:30 p.m. Monday through Thursday.

Call the volunteer office, Monday through Friday, 8 a.m.-noon, 727-7743, ext. 259. If there is no answer, leave a message.

GED classes

Nye County Adult Education is accepting enrollment for those 17 or older and needing a high school diploma or GED.

Applications for enrollment are accepted 8-3 p.m., Monday through Friday, 484 S. West St. Building A.

Call 751-6822 for more information.














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