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
For the purposes of RS 2477, a "road" for access for miners that Original Bigfoot writes about, is not the same as a public "highway" as RS 2477 sanctions.
Miners have access to their mines. There is an constitutionally protected right of access. And, miners often improve their access roads.
But is that a public "highway" in the meaning of RS 2477?
RS 2477 was written so people moving west would not be blocked by private land holders. The US was handing out a lot of land in the West. The concern was, if someone claimed the land as a private homestead or mineral claim, that was the route of a wagon train or other public highway, they could effectively stop or extort from people traveling west. So, the idea was to allow the public highway to continue.
Access to a mine has nothing to do with a public highway. It is access to a mine. If the road was built for that purpose, that is not a public highway I believe.
Now, Original Bigfoot is right about the meaning of a court throwing a case out because it lacks standing to bring a suit. It is not a decision on the merits. But if the point is the state does not have standing, wouldn't that undermine the state's claims of their interpretation of RS 2477, that it provides state-owned right of access to and through federal land? After all, if the state does not have standing in such a case, who would have standing?
Sounds like the best case the state would have is on appeal, not by trying to find someone with standing to judge the merits, right?
A mining road is not a public highway.
I drove up Surprise late 70 or early 80s in my1970 Bronco, did not use 4WD road dry. At the start met a man that had a large lizerd, one with big bumps on head and body i think it was poisonous, anyway there was people living in cabin and sitting on porch. It was just a smooth dirt road at that time no gate to block the way , a real nice road. looking at pics now with wash outs and falls i would not try going up there. 2015 wrangler 2014 polaris 850 sportsman. thank you
I drove/winched my 1979 Jeep CJ5 up "Surprise Canyon" 6 times to Panament City with my Jeep Club. We cleaned the trail (road), picked up trash, repaired the cabins and totally respected the beautiful area everytime. It was in better shape everytime we vacated the area. It was families, children and friends. What a waste to lose the adventure for future generations. Older folks cant make the hike, so they lose out because of the Greenies.
Sad times...
The road before being washed out was for all motor vehicles. Four Wheel Drive was not a requirement.
Stop and think? The miners that built homes to live in, and who dug the mines, drove the equipment to Panamint City, and processed the ora, did not walk up Suprise Canyon. The buildings, the equipment, the vehicles, the mines area still there.