California Off-Road Vehicle Association

Final Clear Creek appeal denied

August 29, 2016 2:54 PM | Bruce Brazil (Administrator)

The last step available to the public in the BLM appeals process concerning the reopening of the Clear Creek Management Area to motorized recreation was denied.  The Interior Board of Land Appeals (IBLA) denied the appeals mainly on the grounds of:

An appellant has the burden of demonstrating by a preponderance of the evidence that BLM committed a material error in its factual analysis, that BLM failed to give due consideration to all relevant factors, or that no rational connection exists between the facts found and the choices made.


the appellant has failed to carry its burden to demonstrate, with objective proof, that BLM did not adequately consider the likely effects on the health of recreational users and other aspects of the human environment.

This leaves H.R. 1838 by Sam Farr as the current remaining chance to reopen Clear Creek to motorized recreation. 

A preliminary air/asbestos report initiated by the OHMVR Division has been released.  The findings by an independent scientific group shows MUCH less potential for health problems associated with motorized recreation in the CCMA.  When the final report is released, it should contain sufficient data to initiate a new look at the CCMA closure by the BLM.      




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