|08-18-2014, 04:37 PM||#1|
Joined: Jul 2014
Contact: Jacquelyne “Bebe” Theisen FOR IMMEDIATE RELEASE
USDA TAHOE NATIONAL FOREST SENDS OHV GROUPS A MESSAGE
Pacific Legal Foundation, Friends of Tahoe Forest Access et al v. Tahoe National Forest Lawsuit Update
AUBURN, CA - In an effort to discourage OHV groups from filing lawsuits against the Forest Service, Tahoe National Forest and the
USDA levied outrageous and unreasonable fees against the groups for “copies” of the Administrative Record delivered to the Federal
Background: In an effort to reverse over 800 miles of illegal road closures in the Tahoe National Forests 2009 Travel Management
decision, the Friends of Tahoe Forest Access et al, sought the counsel of the Pacific Legal Foundation. By what some would call a
miracle, this legal powerhouse, a watchdog of the the little guy, agreed to take the case.
Completely outrageous charges for a very simple Summary Judgment were levied against Friends of Tahoe Forest Access (FoTFA),
Friends of Greenhorn (FOG), Nevada County Woodsriders (NCWR), Grass Valley 4Wheel Drive Club (GV4WDC), WeBilt 4WD Club
(WB4WDC) and 2 individuals in the case brought by the Pacific Legal Foundation last month.
When the bloated invoices were protested by Pacific Legal Foundations Attorney Ted Hadzi-Antich, Judge Mendez sided with the Federal
Government and upheld the charges levied against the OHV groups in the amount of $14,875.00. Judge Mendez stated in the appeal
denial that it is legal to bill for direct costs.
The charges included $275.00 in fees and over $14,600.00 in printing costs (invoices attached). Pacific Legal Foundation charged it's
clients only $562.00 for only the relevant information required to prepare for the case. The Justice department found it necessary to not
only print one entire copy of the Administrative Record, but a second electronic copy was created and delivered to Judge Mendez of the
Federal District Court. They are required to provide only one digitized copy to the court, instead they chose to produce 2. Charging the
groups for copies is discretionary. So the message is clear.
In preparatory meetings prior to filing the suit in Federal District Court, the question was posed by the Plaintiffs to Pacific Legal
Foundation's counsel, if it were possible that the Federal Government would bill us for legal expenses, the answer was it was within the
rights of the government to bill for expenses, but that in the history of these types of legal battles, it was very rare, highly unlikely, and
had never happened in Mr. Hadzi-Antich's 30+ year legal history.
The case has now been appealed to the 9th circuit Court of Appeals. On May 19th, 2014, Pacific Legal Foundation moved one step closer
to seeing this case “all the way through to the Supreme Court”.
To our fellow off roading public, the groups above do not have the means to cover this egregious expense, and are asking that we reach
out to those who utilize roads and trails in the Tahoe National Forest to do what they can to help us cover this cost. It is important that we
not be discouraged by this “message”, and that we send our own message - that the US Forest Service cannot deter us from taking legal
action in the future.
A PayPal Account has been set up for electronic donations which can be gifted to FriendsOfTahoeLawsuit@gmail.com, while checks can
be made Payable to Grass Valley 4-Wheelers Inc. and sent to P.O. Box 824 Grass Valley, CA 95945. If our forest users can donate the
amount of what it would cost for 1 tank of fuel or a weekend in the forest, we could easily reach our goal of $15,000.00. The government
is charging interest on this bill, and it will accrue until paid.
For more information on this release or to schedule and interview with Jacquelyne “Bebe” Theisen, please call 530-888-8302 or e-mail at
Jacquelyne "Bebe" Theisen
|08-18-2014, 05:07 PM||#2|
Joined: Feb 2009
Location: Chico, CA.
I can't begin to express how important this for all of us who ride and recreate on the Tahoe National Forest and all of our Public lands. Please help out with anything you can. This is a very legitimate and worthy cause.
|08-18-2014, 06:04 PM||#3|
ktm's "the tourist"
Joined: Feb 2007
Location: Burbank CA
i rode tahoe area twice. have good friends living there and nearby.
slim chance i will be riding there again, but i support the cause.
no one should get denied of what belongs to the public!
|08-18-2014, 11:08 PM||#4|
Joined: Sep 2006
Location: Truckee, Ca.
Thanks for posting this. Some friends and I bumped into Dave Woods up in Downieville a few weeks back and he shared this story with us. He mentioned that there was a link to donate on Thumper Talk and I gave my word that I what make a contribution. Well I kind of had forgotten, but now I am reminded and will make a contribution right now. These guys should be applauded and supported for the work they do. It is refreshing to see someone taking the fight to the FS service.
|08-19-2014, 06:32 AM||#5|
Joined: Dec 2006
Location: chico,just below rag dump(nor-cal)
The USFS has as many free lawyers as they need,dirtbikers dont.
Donating even 25.00 would help
Some bikes around at times
|08-19-2014, 01:33 PM||#6|
Joined: Apr 2005
Location: San Francisco
Paypal sent. I ride in TNF more than any other.
--Joe .................................... http://joefromsf.smugmug.com/
We can't crash an infinite amount of times, so you better learn from every one! (by ARZ)
|08-19-2014, 06:22 PM||#7|
ktm's "the tourist"
Joined: Feb 2007
Location: Burbank CA
folks who are apprehensive regarding this post from OP and first post...no worry.
Bebe Theisen is well known in the 4 wheel and off road community.
Agree, that's a lot of money to raise, but we'll never make it if we just sit and wait for others.
Even if we lose this, putting a fight is a good cause. Having supporters give our front line people the energy to continue on and fight the next one.
I know, many of us find this forum as simply an entertainment and source for help. Time we do a little different. Any amount will do.
|Today, 07:31 AM||#11|
Joined: Aug 2009
Location: Walnut Crick, Cal.
(donation already sent).
Is part of the lawsuit now about the egregious fees charged, or is the decision by Judge Mendez final?
I can be dense as a chunk of Tahoe granite sometimes...
|Today, 07:47 AM||#12|
Joined: Apr 2013
Location: Carson City, NV
Do you know the saying ( Pissing into the wind ) The freaks in Calif will have there way. That state is so F___ked up. The lib turds and freaks have taken over. I hope they stay the hell out of Nevada
2013 KTM 500XCW
2012 KTM 990R ADV
2009 Aprilia RSVR
2006 KTM 525EXC
2004 KTM 525EXC
|Today, 08:50 AM||#14|
on the gas or brakes
Joined: Dec 2007
Location: THE exact center of California/Bass lake/Yosemite
wondering out loud how the lawsuit churning sierra club or biological diversity crew have ever been ordered to be held liable for their (frivolous) thousands and thousands of suits ?
Thanks for the 2014 support:BELL HELMETS, SCOTT USA, Kriega USA, Carbon-pro.com, GPR stabilzers, Renazco Racing, Sidi/Motonation, Masters paint and body, Magura , motolab , Tripy GPS, Loctite and Dunlop tires .
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