A federal judge has tossed out a lawsuit aimed at turning a unique canyon on the western edge of Death Valley National Park into a road for four-wheelers. Judge Lawrence O'Neill ruled that the parties that brought the lawsuit had no standing on the issue.
When most think of Death Valley, they envision starkness, sand dunes, and saltpan. But Surprise Canyon is definitely different, with a tumbling stream, lush vegetation, and wildlife lured by the water.
Now, according to documents in this case, in the 1870s there actually was a road that ran up the canyon to reach the silver mines of Panamint City. Supposedly the six-mile route was in such good condition at the time that stagecoaches could travel it. Well, the silver boom went bust in 1877, Panamint City turned into a ghost town of sorts, and the Surprise Canyon route wasn't maintained. Indeed, it was washed out at times by flash floods.
Now, there were improvements made in 1918, 1924, and 1947-48, according to the court. However, flash floods continued to erase them.
Back in the 1980s, some off-roaders discovered the canyon and figured it was a perfect playground, even if it did require the use of winches and impromptu rock ramps to help negotiate the waterfalls. But in 2001, as the result of litigation, the U.S. Bureau of Land Management closed the lower section of the canyon to ORV traffic, and in 2002 the National Park Service closed the upper stretch.
Last year some off-road groups went to court to open the canyon, saying it really was a "highway" that they have a right to under a Civil War-era statute known today simply as R.S. 2477. Under that statute, initially created to further western expansion, some states, counties and off-road groups have claimed that washes, two-tracks, even hiking trails are "highways" that they are entitled to travel.
Well, yesterday U.S. District Judge O'Neill tossed their lawsuit, ruling that they had no standing to bring the lawsuit since they had no title to claim to the route. Not surprisingly, the groups who sided with the government in the case applauded the judge's decision.
“It’s a great day for Surprise Canyon and Death Valley National Park,” says Ted Zukoski, an attorney for Earthjustice, representing six conservation groups involved in the case. “This place is a miracle — a gushing stream running through the desert. We’re pleased the court denied an attempt to turn this marble canyon’s waterfalls into a highway.”
"Today the court took an important step toward protecting Surprise Canyon and the web of life it supports,” said Chris Kassar, wildlife biologist with the Center for Biological Diversity. “The special character of this desert oasis strikes you as soon as you step in — cool water fills your shoes, flycatchers flit from branch to branch, and thick stands of willows and cottonwoods sway in the breeze against a backdrop of steep, multicolored cliff walls."
“We are thrilled,” said Deborah DeMeo, program manager for the National Parks Conservation Association. “The dismissal of this suit means that Surprise Canyon Creek in Death Valley National Park, and the habitat and wildlife that it supports, will be preserved for future generations to enjoy."
Comments
I find it interesting that you allow and provide for comments, but don't post them all. I posted a comment the other day, I didn't agree with you, so I guess that's why it hasn't showed up.
Kudos to the Judge and hurray for the canyon. There'll be a lot of sniveling by the drones you betcha, but there always was and always will be, and at least the canyon will be too.
"There'll be a lot of sniveling by the drones..."
You can bet that had this decision gone the other way there would be much more "sniveling", and more lawsuits. Drove to Panamint City as late as 1978 never once using 4wd. It was a road then and should still be one.
Denying the passage rights to a 4wd enthusiast is one thing but denying the passage rights of valid mining claim holders is a whole different story.
Elvis died in 1977.
The Center for Biological Diversity is a first clas pain in the a** to almost everyone. They are against everything. Look them up, they have over 300 law suits pending at the moment and their record is 9 out of 10 suits dismissed as frivilous.
That still doesn't make them harmless. They cost many, including private land holders 1000's of $ just so they can be heard.
It's too bad, the frivilous cannot at this time be made to pay the expenses of those they abuse with the legal system.
Get off the bike and hike! Can't we all just move around a little without the help of a motor?! With each generation, we become less healthy in terms of weight. Is it really that horrible to have to use our feet especially in the name of preservation?
Err, to reiterate: The road up Surprise Canyon is not, and never has been since the day Panamint City was built and the roadbed was dynamited out of the rock of the canyon, wilderness. It was explicitly cherry-stemmed out of the wilderness area when the wilderness area was created in 1994 because of the rights of valid mine owners in the Panamint City area. Indeed, the only reason the road was not re-built when it washed out in 1984 was because the price of silver had fallen to a point where it was no longer economically viable to work the mines up there, but the mines are still up there, and they are still private property, and the mine owners still have the legal right under U.S. laws to go up the canyon to their mines and did so as late as 2001 by hitching rides with the 4x4 types -- well, they did until the lawsuit closed the road anyhow. If the price of silver goes back up the mines would be viable to work again, well, except for one thing -- now that the road is blocked by the Center for Biodiversity's legal actions, you can't get there from here because they wouldn't be able to get their bulldozers and ore trucks up the canyon.
I realize that stealing private property using lawsuits in government courts because of a belief that private property is evil is typical behavior for environmental organizations, but that still doesn't make it right. I applaud those environmental organizations which work with landowners to purchase their lands for environmental restoration purposes, or which work to organize land swaps so that land like that at Panamint City isn't seized without compensation, and if the Center for Biodiversity was one of those organizations I would applaud their work. But they aren't. They're in the business of stealing people's land without compensation by filing lawsuits to cut off access to private property based upon frivolous notions such as that a county road is somehow "wilderness" and must be "preserved". Rather than go at it the ethical way by working with landowners, they instead use the power of government to steal from landowners without compensation, which is just plain wrong.
My Father and Uncle drove to Panamint City in the late thirties. Their mode of transportation was a a 1932 Chevrolet. No granny gear, no 4x4. They saw Panamint City before it was stripped of machinery to support the war effort. I heard this story often and went there myself in 1969. The road was washed out but I made it as far as Chris Wicht's camp by motorcycle and hiked the remaing distance, most of it on good condition two-track. I returned several times over the years while the county was maintainingm the road. These times using two and four wheel drive pick-ups. One time in 71 one I met a couple in their Corvette in Panamint City. Since that time our gonerment has seen fit to extend the the boundaries of Death Valley National Park far beyond the Valley itself. Panamint City and Surprize Canyon are NOT in Death Valley! The last time I visited was in 2004. I was amazed at the amount of recent vintage machinery in and around the City. In the history of America this area has been a mining area. All appearances are that it still is, even if only of historical interest. That is what draws me to it. But I'm getting old and the hike is not appreciated when most of it is over a perfectly good road. The drivel I read from those who applaud the permanent closure of Surprize Canyon leads me to believe that they have never been there and have no interest in it other than as an outlet for their misdirected energy.