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John Hollenhorst ReportingTomorrow the U.S. Supreme Court will hear arguments about the level of off-road activity in Utah and whether a federal agency is doing enough to protect the land. The off-road vehicle case is the first in recent memory to embroil the US Supreme Court in one of Utah's contentious land issues.
No one disputes that off-road vehicle use is exploding. All-Terrain-Vehicles and dirt-bikes have jumped from 22,000 to 150,000 since the late 1980's. Conservation groups argue the Bureau of Land Management has done little to protect sensitive lands, especially potential wilderness areas.
Heidi McIntosh/Southern Utah Wilderness Alliance: "What you're seeing is water pollution in streams, you're seeing loss of riparian vegetation, you're seeing scarring all over the countryside."
The environmentalists lost in the lower court but won on appeal at the circuit court. The Bush administration appealed to the Supreme Court. BLM officials argue they've made many efforts to control ORV's.
Don Banks/U.S. Bureau of Land Management: "There's a lot more that needs to be done, but we're making progress. And i don't think the situation is the global Armageddon that certain groups are trying to portray."
But the case is attracting national attention far beyond the issue of ORV's. The BLM argues that government would grind to a halt if lawsuits are used to second guess day-to-day decision-making. But environmentalists say if an agency isn't following the mandates of Congress, citizens should have a right to sue.
It's possible the nine justices will use the case to better define the role of the courts in overseeing government agencies. No matter what, lots of people around the country will be paying close attention to this case tomorrow.
