California State Parks has filed their formal response to the PEER/DPC lawsuit seeking to limit open riding within Ocotillo Wells SVRV. The response requests the judge to dismiss the lawsuit.
The response, demurrer, cites that Public Employees for Environmental Responsibility (PEER) and Desert Protection Council (DPC) have improperly invited the court to direct State Parks how to run the SVRA, something the law does not allow. In order to pursue this lawsuit, PEER/DPC must identify a specific non-discretionary task, required by law, that State Parks has failed to perform. That is something the filing by PEER/DPC fails to identify.
The court hearing regarding the demurrer is scheduled for December 13, 2013. If granted, the entire case would be dismissed. Tierra del Sol 4WDC and EcoLogic Partners will be filing as intervenors on behalf of California State Parks depending on the outcome of the December 13 hearing.
The filing by State Parks has extended the timeline. There is no action required prior to the December 13 court hearing.
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