A local all-terrain-vehicle group was denied intervention in litigation involving a lawsuit filed against the Forestry Service by environmental groups which alleges mis-management of the Shawnee National Forest.

Federal Judge Phil Gilbert denied a motion last week filed by three groups the Southern Illinois All Terrain Vehicle Association, the Recreational Riders Association, and the Blue Ribbon Coalition seeking involvement in negotiations concerning the management of the Shawnee National Forest. Gilbert said he ruled against the motion because it was not filed in a timely manner.

Last September, Gilbert ruled that there was sufficient evidence in claims from the Regional Association of Concerned Citizens (RACE) and the Sierra Club, both environmental groups, of alleged mis-management of the Shawnee National Forest by the U.S. Forest Service.

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As a result, Gilbert issued a decision to restrict use of ATVs in the forest because of the vehicles possible impact on forest ecosystems.

In January, the ATV groups filed a motion of intervention claiming that the groups interests were not being fairly considered during negotiations on the use of ATV trails in the forest.

Tom Buchele, attorney for RACE, said the ATV groups hurt their case by filing so late.

One of the requirements for intervention is that it is done in a timely manner. The initial decision was heavily publicized, so they should have known what was going on in September, he said. We are glad the judge made this decision. It would have only complicated the case.

Mark Donham, RACE member, said this will free up the process for the next hearing.

This helps us because now we can concentrate on dealing with the Forestry Service, Donham said.

Tim Rush, president of the Southern Illinois All Terrain Vehicle Association, said this was just one step in the legal process.

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We were not surprised by the decision, Rush said. The motion was just a step we had to go through. We plan on filing a separate lawsuit as soon as possible.

The next court hearing on the RACE/Sierra case to review proposed changes made in forest policy since negotiations began with Forest Service officials in September will be held at the Benton Courthouse Feb. 16 at 1:30 p.m.