We have some pretty good news to share!

We have recently learned that a date has been set for federal attorney's to file a motion to dismiss the Mountain Pursuit lawsuit attempting to remove mountain biking and ATV use in the Palisades and Shoal Creek Wilderness Study Areas. The court has set a schedule for the U.S. government to file a motion to dismiss and has also stayed the case pending the outcome of that motion.  The deadline for the filing of the motion is January 31st, 2020, with Plaintiffs response due by March 2nd, and the U.S. government's reply by March 16th. 

An attorney working with AMPL believes this case is weak for two pretty important reasons. 

1. The complaint does not identify a discrete final agency action that would give the court jurisdiction to hear the case. For any plaintiff to sue, they need to point to an action within the statute of limitations. This lawsuit, however, is just airing general grievances, and only points to the forest plan and amendments which are not actions that are current enough to support their claims. 

2.  As well, the plaintiffs never protested these actions (forest plan, etc.) when they did occur.  Participation in the process is also required to maintain suit.  

We feel encouraged by the upcoming motion to dismiss but will continue to watch this case very closely and work with legal council to ensure mountain bikers and other recreationists do not lose access to these important areas in Wyoming.