A recent decision by Federal Judge John Campbell will allow two additional parties to intervene in a lawsuit that seeks to incorporate better wilderness protection and discrimination-free access for the Colorado River in Grand Canyon National Park. Rock the Earth and its legal partners, River Runners for Wilderness (RRFW), Wilderness Watch, and Living Rivers, filed suit in March, 2006 against the National Park Service for being derelict in the preservation of the river through the park.

On October 17, 2006, the judge granted permission for two other groups, Grand Canyon Private Boaters Association (GCPBA) and Grand Canyon River Outfitters Association (a concessionaire trade group), to intervene in the current litigation on the side of the federal government. Primarily at issue is the continued mismanagement of a proposed wilderness area in Grand Canyon National Park.

By Order of the Judge, the case has been separated into two phases, where the merits of the matter will be determined first, prior to any actions or "remedies" decided in the course of the case. RtE attorneys Julia Olson of Wild Earth Advocates, and Matthew Bishop of the Western Environmental Law Center, did not oppose the intervention of GCPBA and GCROA in the remedy phase of the case. The attorneys questioned the need to allow intervention by the river concessionaires or the access group in the "merits" phase, since neither group is required to enforce the laws governing national parks.

"The primary legal issue for the court is whether the National Park Service has complied with the laws and policies in drafting the new Management Plan for this stretch of the Colorado River," said Marc Ross, Executive Director of Rock the Earth. "It is our contention that the intervening organizations are not proper parties to defend the legality of the government's actions."

Both the GCPBA and the Grand Canyon River Outfitters Association are well funded organizations, thereby not only increasing the stakes in this important case, but also likely to increase our costs as we now have more opponents to battle in our effort to protect the Grand Canyon's wilderness characteristics. As we have stated previously, the outcome of this case has the potential to impact how all areas eligible for wilderness standing are treated in this country and whether motorized transport is appropriate in such areas.

Please help support our efforts to prosecute this important case. Consider renewing your membership today, or even better, to help us grow, consider purchasing one of our holiday gifts for the environmental rocker in your life!

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