In January, Federal Magistrate John P. Cooney held that the "undisputed evidence" before him demonstrated that a landowner's claim to unlimited motorized access to build a destination resort on his mining claim in the Kalmiopsis Wilderness held no merit. In a precedent-setting decision, the Judge ruled that the Wilderness Act of 1964's language prohibiting permanent roads within Wilderness placed the public on notice that the law did not recognize any permanent roads or historic rights-of-way located within the Kalmiopsis Wilderness. Any private party claims to a right-of-way would need to be brought within the 12-year statute of limitations, i.e. no later than 1976. As the plaintiffs purchased the land for $150 in 1988 and did not file suit until 1999, they were barred by law from asserting a claim.

Working with the Siskiyou Regional Education Project and the Western Environmental Law Center, Wilderness Watch has fought to keep a developed road and motorized access out of the Kalmiopsis Wilderness. Last spring, we settled with the Forest Service when it withdrew its Record of Decision granting the landowner's motorized access. When the inholder challenged the Forest Service's right to regulate his access under RS-2477 and other statutes, Wilderness Watch intervened in the case as an interested party (see Wilderness Watcher, July 2004). The Judge's recent ruling sends a clear message that speculative rights-of-way claims filed years after Wilderness designation will be appropriately barred from consideration.

For more information:

George Nickas, Wilderness Watch, (406) 542-2048 x4