I shared my previous post, which presented the FriendsofWolfCreek.org's challenges to the RGNF/USDA interpretation of their conflicting legal mandates and how it's playing out with the Alberta Park Parcel, with the RGNF Supervisor's office and received the following response from Public Affairs Specialist Mike Blakeman. I have added a few paragraph breaks for clarity, but haven't altered anything else. Nor do I have any comments to add. I hope you find the information useful.
Forest Service
Rio Grande National Forest, Supervisor's Office
Hi Peter,
I read your blog and maybe the following from the Draft Record of Decision will help add a little clarity.
In June 2015, a lawsuit was filed challenging my 2015 ROD but the land exchange was completed subject to a stipulation that would allow “unwinding” the exchange in the event of an adverse ruling.
On May 19, 2017, the district court held that the Forest Service abdicated its duty to consider imposing deed restrictions on the federal land to be exchanged, that the power to impose deed restrictions demonstrated “actual power to control” the private development and this failure led the Forest Service to unlawfully limit its NEPA analysis.
