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Judge rules against Access Fund Suit in Response to Unlawful Climbing Ban at Cave Rock
February 4, 2005
On Friday January 28, 2005 a Federal judge ruled against the Access Fund's lawsuit that requested the courts overturn the United States Forest Services ruling banning climbing at Cave Rock.
As in any legal proceedings in the American court system the Access Fund has the right to appeal and is now considering the options. While the USFS says they will implement the decision as soon as possible since the court has ruled, The Access Fund has 30 days in which to file a notice of appeal. During this time, all recreational activities that are currently permitted will be allowed to continue. Rock climbing is allowed on existing routes. The temporary order that prohibits installation of new fixed anchors remains in place.
Background:
In August 2003, the USFS Lake Tahoe Basin Management Unit released its Record of Decision (ROD) banning climbing at Cave Rock. On September 19, 2003, the Access Fund filed an administrative appeal on constitutional and procedural grounds in order to over turn the ban. On November 5th, 2003, the USFS issued its appeal decision to uphold the climbing ban.
In late November, through negotiations with the USFS and their attorneys, the Access Fund was able to obtain an administrative stay that stopped implementation of the ROD until a U.S. District Court ruled on the matter. With the current Federal court ruling the Access fund has until late February to file its notice of intent to appeal, however no decision for an appeal has been made at this time.
Contact:
Robb Shurr, Access Fund
robb@Accessfund.org
303-545-6772 x100
