"Blowing up the box"

[BLOOD SWEAT STEEL]

Cliff notes:

District court strikes down USDA/USFS' unconstitutional levying of adventure/access/parking fees for low impact activities in undeveloped federal lands.

http://www.westernslopenofee.org/NoFee/news.php

Read the entire decision HERE:
http://www.westernslopenofee.org/NoFee/judge.pdf

(Albeit a small one,) it's a step in the right direction.

[Viva]

What is an "ultra vires act"?

[BLOOD SWEAT STEEL]

It's Latin for "beyond power."

......Damn lawyers.

[Viva]

I'm glad that the courts seem are finally on our side on this issue. This started out (just about 10 years ago) as a trial discretionary payment option and, if people bought into it, Congress would revisit it and decide whether or not to make it law. The FS never had congressional authority to impose madatory fees under this program. But they did and, as I understand it, a number of people who challenged this, lost in court.

[BLOOD SWEAT STEEL]

The FS never had congressional authority to impose madatory fees under this program. But they did and, as I understand it, a number of people who challenged this, lost in court.

You're absolutely right. When the "Fee Demo" program was scrapped in 2004, in favor of the newer, "better," more restrictive and more permanent Federal Lands Recreation Enhancement Act (FLREA,) There was literally ONE LINE of wording that the Department of teh Interior "interpreted" as giving them complete fee discretion. They then published "internal guidelines" (READ: not law) which gave themselves the authority to establish what they call (internally) High Impact Recreation Areas (HIRAs.) Basically - any area they felt they wanted to charge a fee for that was NOT already established as a fee area by Congress. Completely manipulating and skirting the intent of congressional law, to charge fees for pretty much anything they want.

This gives a simple explanation:

http://www.westernslopenofee.org/NoFee/implement.php


The states of Oregon, Alaska, Montana, and Colorado have already passed formal state congressional resolutions denouncing the legitimacy of the FLREA and the "discretion" it allows the BLM and USDA. There are also several ongoing personal court battles arguing the lawfulness of the USFS & BLM's implementation of the FLREA.

[Big Blue]

I might write this part down and keep it in my car so I can tell rangers to fuck off.

Judge Pyle said the USFS often ignores restrictions in the law which prohibit charging fees for "1) solely parking; 2) general access; 3) dispersed areas; 4) traveling without using facilities or services; 5) camping at undeveloped sites; 6) overlooks or scenic pullouts ..."

[TheDingleberry]

from the thread title, I totally thought this was going to be porn.

[rideit]

I thought it was going to be about 'reverse Queefing', but you 'beat' me to it, DB!

PS: I agree, that IS an awesome verdict. Sedona drove me crazy.....

[P_McPoser]

FKNA THAT IS AWESOME!!!

I honestly have received 10+ citations for the same thing as that lady. Hiking coronado without the pass.

[dk_alaskan]

GOOD, no more fucking parking fees to walk up the mountain. are they goign to refund any of the money they took w/o being legally entitled to?

[BLOOD SWEAT STEEL]

rideit - TTIWWOPORQ.....