Judge Dismisses Chattooga Case

On Friday, October 6th, 2006, Senior United States District Judge William C. O’Kelley dismissed a lawsuit against the US Forest Service regarding a ban on canoeing and kayaking down the upper Chattooga River.  The plaintiffs, a group noncommercial whitewater paddling groups and individuals led by American Whitewater, are surprised and disappointed by the decision and will appeal immediately.

In the dismissal the judge found that paddlers will not have adequate standing to file a lawsuit until a new final decision is reached on the management of the Chattooga River, expected sometime in the next 5 years.

Much of the dismissal suggests that paddlers should have appealed the 1985 plan which the USFS has been using to manage the river since the 2004 plan was found to be inadequate upon review.  Paradoxically however, the Judge notes that “A challenge to the 1985 plan would be barred by the statute of limitations.”  Based on the Judge’s decision, paddlers would have to wait several years for a new decision, and decide at that time if the decision is valid or worthy of administrative and legal appeal.

In a related finding in the same document, the Judge ruled that the issue is not ripe or fit for review in part because any decision would be shortly overturned by the new USFS decision based on the ongoing user capacity analysis.

Thus, the Judge’s decision allows the US Forest Service to continue their admitted violations of the Wilderness Act and Wild and Scenic Rivers Act while they study and reassess the illegal action for another 1-5 years – after breaking the same laws for the past 30 years.  

The plaintiffs, representing people negatively impacted by the arbitrary ban on floating down a federally owned and managed river will promptly appeal this decision.

Mark Singleton, Executive Director of American Whitewater, noted: “Any court decision that allows the law to be broken without recourse must surely be a faulty decision.  We are confident that through appealing this decision we can finally bring nationally consistent management to the Chattooga River.”

The Chattooga River is the only river the USFS manages that is banned to boating in the entire nation, and was protected by Congress specifically for enjoyment by canoe, kayak, and raft.  Both the Wilderness Act and the Wild and Scenic Rivers Act protect the public’s right to float down the Chattooga River.   

For more information on American Whitewater’s 30 year effort on the Chattooga please  visit AW’s Chattooga  Project Page.