Cave Rock, NV Climbing Ban Upheld by Court--No Appeal Sought at this Time
Media Contact:
Robb Shurr, Access Fund
303-545-6772 x100
robb@accessfund.org
On August 27, the 9th Circuit Court of Appeals upheld a US Forest Service (USFS) ban on rock climbing at Lake Tahoe's Cave Rock in Nevada, rejecting arguments by the Access Fund that the ban enacted in early 2005 by the USFS is unconstitutional because it closes public lands for religious purposes.
The Access Fund does not agree with the court’s justification of this public land closure to climbers while all other users—hikers, picnickers, sightseers, and highway travelers—are permitted to continue using Cave Rock. The Access Fund is carefully reviewing the court’s opinion and considering its options, but has no immediate plans to appeal.
The Access Fund will continue to work with the USFS consistent with the Memorandum of Understanding in effect since March of 2003 between the Access Fund and USFS which lays out a framework of cooperation on climbing management polices at the national, regional, and local level.
“The Cave Rock outcome is fact-specific, situational, and an exception from the norm. This ruling cannot be applied generally to other USFS-managed public lands. We will continue to pursue mutually positive outcomes when dealing with our federal land management agencies,” states Jason Keith, the Access Fund’s Policy Director. “In this situation we weren’t able to find an agreeable solution but we will continue to employ and create strategies that include the interests of climbers in management decisions on our public lands.”
Access Fund Executive Director Brady Robinson points out that “For climbers, this issue underlines the importance of being active participants in maintaining access to our climbing areas regardless of who manages the land. Fortunately, there are more models of success than there are failures when delicate issues arise between land management agencies and climbers. As advocates and stewards we strive to learn from our losses, and are guided by our successes.”
The Access Fund asks all climbers to respect the court’s decision and the USFS’s ban on climbing at Cave Rock.
About the Access Fund
Since 1991, the Access Fund has been the only national advocacy organization that keeps climbing areas open and conserves the climbing environment. The Access Fund supports and represents over 1.6 million climbers nationwide in all forms of climbing; Rock Climbing, Ice Climbing, Mountaineering, and Bouldering. Five core programs support the mission on national and local levels: public policy, stewardship & conservation (including grants), grassroots activism, climber education, and land acquisition. For more information visit www.accessfund.org or www.boulderproject.org.