Originally Posted By: SierraNevada
... A 1st year law student could probably win a suit over it. As for moving forward, I point out what happened as a matter of fact, but I'm more interested in a better solution i.e. new toilets than I am dragging Inyo through the mud on this.
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I'd like to see new solar toilets too.

I don't question the ease of winning a "NEPA lawsuit". But it can only force the Forest Service to publish an altered proposal and solicit, record and publish comments on the altered plan. It can't acquire, require or spend a budget for toilets. That was the point the court made when a similar argument to enforce an action on the basis of the content of NEPA comments was made in the HSHA case. Any suggestion that the NEPA process allows commenters to actually select from the alternatives discussed is a misrepresentation. Any suggestion that the comments are necessary to inform the Forest Service of solar toilets is silly. (Of course they know about solar toilets, they've burned them down! smile ).

One problem is the budget and the real problem with the budget is finding someone willing to afford the costs of defending the action against Wilderness Act/Wilderness Designation enforcement law suits from those who are happy with the current form of the Wilderness Act and the designation of Whitney and Half Dome under that definition of wilderness. This "Wilderness" problem is the same issue that effects whether more or any rangers at the cables would go without legal challenge. To get solar toilets or a higher quota on the cables at Half Dome that "Wilderness" issue is what needs resolution. Soliciting and publishing comments in satisfaction of NEPA requirements doesn't alter that situation either.

The next problem is that even if someone can afford the costs of the legal challenges, they have to win. It may be that no one considering actions in conflict with current "Wilderness" definition and designation thinks that they will succeed in changing the current definitions and designations that stand in the way. They may be right. Democracy doesn't always mean one gets what one wants.

Dale B. Dalrymple