Duck Under Attack

DUCK UNDER ATTACK

Regular readers will remember that we last reported on the Phantom Duck of the Desert in March following the Fourth Annual Barstow to Vegas Unorganized Trail Ride. At that time it looked as though our fine feathered friend had flown through a loophole in the Bureau of Land Management's regulations which allows groups of up to 50 people to ride in unorganized events. BLM, it turns out, doesn't think so.

In February the BLM went back to federal District Court asking for the Duck and his friends to be declared in contempt of court and asking for a bunch of money. How much money? The BLM was trying to figure that out a week after the motion was filed.

A supporting brief filed by the U.S. Attorney said the Duck caused the start area, pits and course to be marked after the initial restraining order had been granted, made no efforts to call oft' the event, failed to stay on “ostensible public roads” by marking “previously undisturbed desert lands,” posted private roads and utility rights of way, “used areas w hich contain prime desert bighorn sheep habitat and 11 species of listed rare, threatened or endangered plant species,” provided no sanitary or emergency services for participants, and didn't clean up after the event.

It’s somewhat strange that the BLM is complaining about the route being marked yet also complaining that no services were provided. If the services had been provided, it would have been an organized event which would also have been illegal.

For all the alleged atrocities, the BLM is asking the Duck to pay for the BLM’s attorneys, the cost of trying to enforce the regulations, the cost of “losses and expenses due to noncompliance with the court’s order,” a daily fine until the route is cleaned up, and finally, a permanent injunction “against the defendants and those in active concert and participation with them from any trespass individually or in concert on lands of the United States w ithin the California Desert Conservation Area without the prior written permission of an unauthorized officer of the Bureau of Land Management.”

The BLM spokesman who sent out a press release about the motion didn’t knowhow much money was involved or w ho was included in the request for the permanent injunction.

United States Attorney Jim Arnold said the judge would have to determine who was meant by “those in active concert and participation.”