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Historic preservation within Wilderness is and should be:
Legal
83%
 83%  [ 59 ]
Illegal
16%
 16%  [ 12 ]
Total Votes : 71

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DIYSteve
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DIYSteve
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PostWed Jan 04, 2017 11:28 am 
RodF wrote:
Steve, I suggest you read the court's ruling.
I did. You cherry pick, as usual.
Ski wrote:
How is Rod's statement "deceptively overly generalized"? The poll results show. . . .
RodF's initial characterization of the court's decision was deceptively generalized. A poll of NWHikers is irrelevant to that point.

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JVesquire
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PostThu Mar 02, 2017 5:20 pm 
According to Wilderness Watch's newsletter, they appealed the decision to the 9th Circuit. That should be an interesting read when it comes out.

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RodF
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PostThu Jul 13, 2017 11:35 pm 
An article summarizing this case has been published by law student Christopher Chellis, "Playing Nice in the Sandbox: Making Room for Historic Structures in Olympic National Park", Washington Journal of Environmental Law & Policy, 7(1), 35-64 (2017). Link "In Wilderness Watch, Inc. v. Mainella, the Eleventh Circuit provided an easily misinterpreted and misapplied opinion that, despite its narrow holding, the Western District of Washington [WDWA] has continually misread so as not to afford the NPS due deference. In Olympic Park Associates v. Mainella, the WDWA misread the Eleventh Circuit opinion in Wilderness Watch to pit the National Historic Preservation Act [NHPA] against the Wilderness Act, creating a general versus specific provision fallacy, as if one statute must cancel out the other. Seven years after Olympic Park Associates, the WDWA further diminished the weight of deference given to the NPS by narrowing the threshold of acceptable wilderness administration in Wilderness Watch, Inc. v. Iwamoto. The Article discusses how Olympic Park Associates and Iwamoto put the NPS in a precarious position; affording the agency just enough discretionary authority to attempt to administer the Olympic Wilderness, but qualified by the understanding that that any action protecting historic shelters from natural erosion would place the NPS in the Wilderness Act’s crosshairs... "This Article will demonstrate that historic preservation can be reconciled not only with the plain language of the Wilderness Act, but with the underlying philosophy of that Act, which emphasizes protection from excessive human influence." Link to full article

"of all the paths you take in life, make sure a few of them are dirt" - John Muir "the wild is not the opposite of cultivated. It is the opposite of the captivated” - Vandana Shiva
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JVesquire
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PostMon Jul 17, 2017 8:55 pm 
Yeah, I generally think law students are better informed about the law than three different federal courts, with their own post-graduate law clerks with endless time to research, and high-quality lawyers arguing each side with an expansive record...

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trestle
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PostFri Jul 21, 2017 9:05 am 
^ They likely never have a personal agenda of any sort either. wink.gif

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RodF
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PostMon Apr 30, 2018 1:19 pm 
JVesquire wrote:
According to Wilderness Watch's newsletter, they appealed the decision to the 9th Circuit. That should be an interesting read when it comes out.
Docket set: Notice of Oral Argument on Monday, July 9, 2018 - 9:00 A.M. - SE 7th Floor Courtroom 2 - Seattle WA.

"of all the paths you take in life, make sure a few of them are dirt" - John Muir "the wild is not the opposite of cultivated. It is the opposite of the captivated” - Vandana Shiva
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RodF
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PostThu Jul 19, 2018 3:03 pm 
Ninth Circuit today affirmed the district court ruling in favor of the National Park Service in the case Wilderness Watch v. Creachbaum et al. Historic value is a Wilderness value. Historic structures may be preserved within Wilderness. National Trust for Historic Preservation, Washington Trust for Historic Preservation and Friends of Olympic National Park intervened alongside NPS in this important case. The Coalition to Protect America's National Parks submitted a helpful amicus brief, cited in the court's ruling "While the Park Service may not have fully considered the alternative means of preservation suggested by Wilderness Watch, such as reconstructing the structures outside the wilderness, such consideration was not necessary since it is clear that maintaining these structures in their original locations was essential to preserving their historical value." This summarily dismissed one remedy Wilderness Watch sought (and obtained in the case of Green Mountain Lookout: disassembly and reconstruction on Circle Peak outside of wilderness). Oral arguments were presented ten days ago. The brief and inspiring presentation of our counsel David Bechtold of Northwest Resource Law PLLC were apparently taken to heart by the court:

"of all the paths you take in life, make sure a few of them are dirt" - John Muir "the wild is not the opposite of cultivated. It is the opposite of the captivated” - Vandana Shiva
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Ski
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PostThu Jul 19, 2018 9:26 pm 
can't view the first link, Rod - no Facebook here. YouTube video is interesting. Once again, Wilderness Watch conveniently forgets that there is such a thing as the National Historic Preservation Act.

"I shall wear white flannel trousers, and walk upon the beach. I have heard the mermaids singing, each to each."
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RodF
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PostWed Jul 25, 2018 9:09 pm 
A Big Win for Historic Structures in Wilderness Areas Historic preservation groups celebrate appellate court decision affirming that historic resources enhance the character and experience of wilderness areas. Press release

"of all the paths you take in life, make sure a few of them are dirt" - John Muir "the wild is not the opposite of cultivated. It is the opposite of the captivated” - Vandana Shiva
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Ski
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PostWed Jul 25, 2018 9:50 pm 
thanks Rod! up.gif and thanks for all your efforts on this one! BK

"I shall wear white flannel trousers, and walk upon the beach. I have heard the mermaids singing, each to each."
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