Law Archives - 国产吃瓜黑料 Online /tag/law/ Live Bravely Mon, 04 Nov 2024 17:05:05 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.1 https://cdn.outsideonline.com/wp-content/uploads/2021/07/favicon-194x194-1.png Law Archives - 国产吃瓜黑料 Online /tag/law/ 32 32 California Climbing Teacher Arrested on Rape Charges /outdoor-adventure/climbing/jason-crist-rape-charges/ Fri, 01 Nov 2024 19:05:24 +0000 /?p=2687518 California Climbing Teacher Arrested on Rape Charges

Jason Crist was charged with 29 counts including nine felonies

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California Climbing Teacher Arrested on Rape Charges

Warning: This article discusses sexual violence.

On October 30, longtime Bay Area climber Jason William Crist, 38, was arrested in Pacifica, California, and charged with nine felonies for alleged events that took place around the state between March 2019 and October 2023.

He faces 29 counts associated with sexual violence, a result of four police reports describing interactions with him in Pacifica, Presidio, Joshua Tree, and Yosemite. The felony charges include forcible rape, sexual battery, and assault. He posted bail on October 30 for $500,000.

Climbing spoke with three women who鈥檝e made accusations against Crist. They describe how this former Arc鈥檛eryx NorCal ambassador and former Movement Climbing, Yoga, and Fitness employee had a consistent pattern. At the climbing gym in San Francisco鈥檚 Presidio park鈥攆ormerly Planet Granite, now Movement San Francisco鈥擟rist would befriend young female climbers, generally novices who didn鈥檛 know many people in the community and didn鈥檛 yet have the skills to take themselves outside. Then he would 鈥渁ct as a mentor or their 鈥榢eys鈥 to outdoor climbing,鈥 one woman told Climbing.

鈥淗e was teaching at the gym,鈥 said another of Crist鈥檚 complainants. 鈥淗e was teaching women and men. He had the option to teach children. It just seemed like he had a rapport from the gym and there was safety there.鈥 But once he got the women outside, Crist would 鈥渃ross established boundaries in ways that are not OK.鈥

鈥淗e uses climbing trips as the perfect time to hurt people,鈥 said another complainant. 鈥淚t鈥檚 a real repeat thing.鈥

According to this climber, there are currently ten women who have claimed to have had similar confrontations with Crist.

Crist鈥檚 arrest comes on the heels of former professional climber Charlie Barrett鈥檚 February 2024 conviction for raping a woman in Yosemite National Park鈥攁nd one of Crist鈥檚 complainants said that Crist鈥檚 case was eerily similar for one major reason:

鈥淓veryone knew,鈥 she said. 鈥淏ut none of the other guys in the community would tell a girl, 鈥楬ey, Jason鈥檚 creepy, don鈥檛 hang out with him.鈥 They only told me after the assault, like, 鈥極h yeah, I knew he was a bad person, I was worried for you.鈥欌

According to all three complainants, managers at Movement Climbing, Yoga, and Fitness were made aware that Crist鈥攁n employee of three years鈥攈ad allegedly assaulted multiple employees and members, and, after those women filed police reports, launched a months-long investigation. As a result, Crist was fired this past summer and banned from all 29 Movement properties.

While one of the women with whom Climbing spoke expressed appreciation for Movement鈥檚 decision, and for the support that the Movement community has provided, others are frustrated that the information uncovered by Movement鈥檚 third-party investigators was not widely publicized.

鈥淚f Movement knew more about the assaults than anyone else,鈥 says , a philosophy professor at San Francisco State University and the author of Golden State Bouldering Guidebook, 鈥淚鈥檓 disappointed that they sat on the information rather than sharing it with the climbing community. I don鈥檛 understand how someone could make that choice.鈥

In response to Climbing鈥檚 request for comment, a Movement spokesperson assured us that 鈥淢ovement Climbing, Yoga and Fitness prioritizes the safety and well-being of all community members, and we take any allegations of misconduct very seriously.鈥 But they added: 鈥淎s this is an active investigation, we are unable to comment.鈥

Moore was made aware of the police reports against Crist when the complainants reached out to him this summer. Knowing that sexual assault cases often take years to lead to an arrest, he began actively working with the Bay Area Climbers Coalition, but they had not yet taken any action when Crist was unexpectedly arrested.

The women we spoke with noted that, while Crist and Barrett are extreme cases, they aren鈥檛 the only bad actors.

鈥淲hen all the Charlie Barrett stuff came out,鈥 said one woman, 鈥渆veryone pointed at him and was like, 鈥楾hat鈥檚 terrible. Don鈥檛 be that guy. Good thing we got him. That guy鈥檚 gone.鈥 And I think a lot of people missed the point that it鈥檚 still happening under our noses. I don鈥檛 want this story to be 鈥楪ot another one; good thing we got him.鈥 I want it to be an ongoing conversation. I want dudes to talk to their friends about how they鈥檙e treating women. 鈥 I want people to know that sexual assault is a reason that women leave climbing. Everyone deserves to feel comfortable and safe when they鈥檙e at the crag. I could have left climbing. And if I could have left, then I think other women probably have. And I hate that.鈥

This is a developing story. 国产吃瓜黑料 will update it as more information becomes available.听

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18.5 Million Acres of Public Land Are on the Line in Utah in a New Lawsuit /culture/opinion/utah-lawsuit-public-land/ Mon, 16 Sep 2024 08:00:41 +0000 /?p=2680231 18.5 Million Acres of Public Land Are on the Line in Utah in a New Lawsuit

The state has a bounty of BLM land with ample outdoor recreation opportunities. But if the state鈥檚 attorney general has his way, Utah would wrest back control of millions of those acres.

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18.5 Million Acres of Public Land Are on the Line in Utah in a New Lawsuit

Politicians in Utah have a long history of trying to sell off your public land to benefit the oil, gas, and other extractive industries that fund their campaigns. This time they’re trying to do it with That lawsuit argues that all Bureau of Land Management acres within the state’s borders should be transferred to Utah’s control.

If they succeed, the public could lose access to millions of acres that we use to pursue our favorite outdoor activities, wildlife could lose its habitat, and the environment could suffer. Worse, if the Supreme Court accepts the theory that states should have control over federal land, the upshot could be devastating. It could create precedent that might allow politicians in other western states to do the same.

鈥淭he state of Utah鈥檚 push for control of public lands is a deceptive ploy to privatize and exploit our cherished landscapes,鈥 says Caroline Gleich, who is running to represent Utah in the U.S. Senate. She says the effort is 鈥渉iding behind false promises of local management while lining the pockets of special interests at the expense of Utahn鈥檚 right to access and enjoy these lands.鈥

What Does This Mean for People Who Love the Outdoors?

What’s at stake here for outdoor recreationists is access, and a whole lot of it. More than visited Utah’s public lands in 2023 to recreate and take in the majestic scenery. Since the effort aims to transfer all BLM land in the state鈥18.5 million acres of it鈥攖o Utah’s control, it’d be impossible to list every hiking trail, camping spot, or area of natural beauty that might be lost. But let’s look at some highlights.

Over ride the Slickrock Mountain Bike Trail near Moab every year. The 10.5-mile loop rolls along Navajo sandstone, the remains of ancient windblown sand dunes. The land under the trail is thought to contain significant oil and gas reserves and has been the subject of decades-long attempts to open it up to drilling. In 2020, a public pressure campaign forced the BLM to prioritize recreational access, and ban drilling along the trail’s length. If BLM land is transferred to state control, those protections would vanish.

The encompasses over 900 miles of trails in central Utah, the most expansive network of ATV trails in the entire country. It runs across three mountain ranges, reaches elevations of over 11,000 feet, and stretches through fragile deserts and narrow canyons. The system exists on a patchwork of lands administered by both the Fishlake National Forest and BLM, so any sale would fracture continuous access, and destroy the unique ability for visitors to explore such a vast area of uninterrupted riding.

Visiting Canyonlands National Park or Deadhorse Point State Park (the most visited state park in Utah), and want to camp somewhere a little less crowded? Horsethief Campground is located nearby, and the surrounding BLM land is accessible for dispersed camping. That’s . The BLM has to balance the potential economic impact of that mine with the interests of campers and other recreational users, plus its environmental impacts. By law, Utah would only have to consider profitability if it took over management.

That’s because the legal structures governing federal management of public lands are fundamentally different from the mandates governing state management.Let’s look at the claims the state is making here, then compare them to the facts.

Sandhill cranes fly over the Pariette Wetlands. The area provides important habitat for migrating birds and predators amidst the surrounding desert. The wetlands are threatened by in the area. (Photo: BLM)

Utah鈥檚 Claim: BLM Land Is 鈥淯nappropriated鈥 and Doesn鈥檛 Benefit the State

鈥淭he federal government controls nearly 70% of the land in Utah,鈥 reads the boilerplate copy on , a website the state launched to promote its lawsuit. 鈥淲hile half of this public land has been designated as national parks, national forests, national conservation areas, or the like, the other half is 鈥榰nappropriated鈥 land, meaning that the United States simply holds the land without any designated purpose.鈥

Utah Attorney General Sean Reyes that this 鈥減revents the state from making money off of taxes鈥n those acres.鈥

The Facts: BLM Land Contributes Billions to Utah鈥檚 Economy and Hundreds of Millions to State Coffers

The term 鈥渦nappropriated鈥 comes from the (and other early acts of Congress), which in 1862 attempted to give away vast swaths of federally-managed land in the west to settlers to encourage economic development. The federal government acquired the area that would later become Utah from the treaty that ended the Mexican-American war in 1848 and in a purchase from Texas.

But not all that land was suitable for the small family farms the Homestead Act sought to establish, so some of it remained unclaimed, except by Indigenous people. The agency responsible for managing that land was at the time called the General Land Office, and along with the U.S. Grazing Service .

Utah is using that 鈥渦nappropriated鈥 label to imply that BLM land isn鈥檛 being actively managed or used. This couldn鈥檛 be further from the truth. The Department of the Interior estimates that, in financial year 2021, lands managed by BLM nationwide produced $201 billion in economic output, supporting 783,000 jobs. In Utah alone, .

While oil and gas companies, ranchers, outfitters, hotels, restaurants, and other businesses profit from extraction and recreation on BLM land within Utah鈥檚 borders, the state government does, too. Not only in taxing all of that鈥攁 study conducted by the University of Utah in 2013 estimated that the state nets from economic activity on BLM and Forest Service land within its borders鈥攂ut in direct payments from the federal government, too.

And while it’s true that a state government cannot levy property taxes on land managed by the federal government, there’s a program in place to make up for that. In 2021, the BLM paid to Utah in Payments in Lieu of Taxes. represent a portion of the revenues collected by BLM from extraction activities, and Utah uses them to fund roads and schools, and supplement the income and property taxes paid by Utah residents in other state programs. Those payments are guaranteed income for state governments, and come without any cost to the states within which the BLM operates.

A hiker in the Crack Canyon Wilderness Study Area. Threats to this fragile landscape include . (Photo: BLM)

Utah鈥檚 Claim: It鈥檚 Illegal for the Federal Government to Own Land

鈥淯tah has filed a landmark public lands lawsuit asking the U.S. Supreme Court to address whether the federal government can simply hold unappropriated lands within a state indefinitely,鈥 reads Stand For Our Land.

鈥淣othing in the text of the Constitution authorizes such an inequitable practice,鈥 , who is managing the lawsuit, in a press release upon filing suit.

The Facts: It鈥檚 Literally in the Constitution

Article IV, Section 3, Clause 2 reads:

鈥淭he Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.鈥

The Supreme Court has ruled on the legality of federal land ownership several times. Notably, finding that Congress鈥檚 power under the Property Clause is, 鈥,鈥 in 1940 and 鈥,鈥 which can be read as 鈥渦nqualified or absolute,鈥 in 1987.

In 1972, the court ruled on the legality of the federal government鈥檚 efforts to protect wildlife on public lands. The decision reads, 鈥渢he complete power that Congress has over federal lands under this clause necessarily includes the power to regulate and protect wildlife living there.鈥

During the ratification of the Constitution, Congress had to resolve the often overlapping nature of lands claimed by the states. The royal charters that established the colonies of Massachusetts, Connecticut, New York, Virginia, North Carolina, South Carolina, and Georgia, for instance, granted them incredibly broad, vague claims to massive swaths of land often running north into Canada and all the way west to the Pacific Ocean. In 1780, : the states would cede their western territories to the federal government, 鈥渇or the use and benefit of the United States.鈥

As an aside, this is why there鈥檚 so little public land on the east coast, and so much out west鈥攂lame King George.

When Utah became a state in 1896, the federal government was land rich, and cash poor, so it was common practice to give new western states a portion of federal land that they could use for development. Utah was given 7.5 million acres, while the federal government retained 37.3 million acres. The remaining 9.7 million acres were private property.

Utah agreed to these terms. states, 鈥淭he said State of Utah shall not be entitled to any further or other grants of land for any purpose than as expressly provided in this Act.鈥

鈥淟ike other Western states, Utah agreed to relinquish public lands within its borders as a condition of becoming a state,鈥 Randi Spivak, public lands policy director for The Center of Biological Diversity . 鈥淩ewriting history and spending taxpayer dollars on a hopeless, expensive court battle is the antithesis of good governing.鈥

Mountain biking Moab Band, an area world famous for its recreational opportunities. Trail access and the unique landscape around Moab are threatened by oil and gas exploration and other extraction activities.听(Photo: BLM)

Utah鈥檚 Claim: The State Would Be a Better Steward

鈥淯tah deserves priority when it comes to managing its land,鈥 . 鈥淎nd Utahns are best positioned to understand and respond to the unique needs of our environment and communities.鈥

鈥淚f Utah were to acquire BLM lands, the Utah department of Land Management would come into existence and manage them under the Utah Public Lands Management Act, prohibiting the privatization of these public lands except in rare situations,鈥 the narrator says in .

The Facts: Utah鈥檚 Constitution Would Force a Sale

The state鈥檚 own promotional material, which prominently addresses the sale of public lands, is the elephant in the room.

The is a vague text that contains no financial mandates or duties, and no mention of any mechanism (even what might define or determine that 鈥渞are situation鈥) for the dispersal or sale of lands. It is incapable of governing the management, sale, or dispersal of any public lands the state might take over.

For that, we have to turn to , which says of State Trust Lands (those tracts of land provided to Utah by the federal government which remain undeveloped): 鈥淭he state shall manage the lands and revenues generated from the lands in the most prudent and profitable manner possible.鈥

Utah’s constitution also mandates that the state legislature . The state cannot legally operate in deficit.

It鈥檚 those for-profit, no-deficit mandates in Utah鈥檚 constitution which are the rub. In contrast, the BLM is mandated to manage for multiple use and sustained yield. Should a large expense like fighting a massive wildfire, or dealing with widespread flooding, or a deadly cloud of toxic dust occur, the federal government is equipped with the legal and legislative structure necessary to draw funds from other parts of its budget, and deal with the problem.

In contrast, Utah would be legally bound to continue to achieve profits from that land, which may force the sale of portions of it to cover those costs. In the event of a transfer from BLM, Utah would immediately begin losing hundreds of millions of dollars annually, and with mitigation bills already racking up (fixing that toxic dust cloud alone is estimated to cost ) it鈥檚 easy to see why people fear Utah鈥檚 politicians might turn to their sponsors in the oil and gas industries for help.

Beyond the possibility of a massive sell off of formerly-public land, there鈥檚 the topic of local input in decision making on BLM land. Stand for Our Land references the Biden Administration鈥檚 recent Public Lands Rule (which adds for the environment and wildlife conservation to BLM鈥檚 legal structure for rulemaking)听 and the agency鈥檚 as examples of far-off bureaucrats making decisions without local input that end up impacting the state鈥檚 economy.

This is an oft-repeated refrain across efforts to steal public land from American citizens, and an argument that is made in bad faith. It may be counterintuitive, but the federal government鈥檚 decision making on public lands actually involves more mandated local input from the public and stakeholders that also include state and local governments, plus extractive industries, than state decision making processes would.

That Public Lands Rule was made only after a 90-day public comment period and . The trail closures in Moab were developed , even organizations and individuals who opposed the plan. In contrast, the only thing Utah would have to consider is whether or not its decisions would make money.

What鈥檚 Next?

The Attorney General’s office filed the suit on Tuesday, August 20. A judge has yet to review the case.听国产吃瓜黑料 will update this story as the court proceedings move forward. In the meantime, Utahns who want to protect their public land can call their state representatives and make their voices heard.

鈥淥nce public lands are transferred to the state, they are overwhelmingly sold to the highest bidder and closed forever,鈥 says Gleich. 鈥淭he best way to keep access to public lands is to keep them public. We must be good stewards of our land for future generations.鈥

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Ski Areas Are Not Immune to Lawsuits, Says Colorado Supreme Court /outdoor-adventure/snow-sports/colorado-supreme-court-chairlift-fall-lawsuit/ Tue, 04 Jun 2024 22:52:56 +0000 /?p=2670523 Ski Areas Are Not Immune to Lawsuits, Says Colorado Supreme Court

The landmark decision rules that liability waivers can鈥檛 be used to protect ski areas from certain claims of negligence

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Ski Areas Are Not Immune to Lawsuits, Says Colorado Supreme Court

A decision that just came down from the Colorado Supreme Court has the potential to disrupt the state鈥檚 ski industry. The seven justices of the state鈥檚 highest court ruled 5-2 that the broad liability waivers we all sign when we purchase our lift tickets don鈥檛 hold ski resorts immune from lawsuits in all situations.

This is the first time that the Colorado Supreme Court has taken a stance against liability waivers as blanket coverage for resort operators. The ruling has the potential to impact the resorts鈥 ability to get insured and can have ripple effects on consumers.

听 听 Background:

鈥淚t鈥檚 a sea change, in terms of ski areas鈥 responsibilities and consumers鈥 ability to be protected from ski areas鈥 negligence,鈥澨 Evan Banker, a personal injury attorney at Denver firm Chalat Law . 鈥淔rom a consumer protection standpoint, it鈥檚 huge. Because liability breeds responsibility.鈥

The case in question involves a teenager who fell from a lift at Crested Butte in March of 2022. Then-16-year-old Annie Miller boarded the Paradise Express with her father, Mike. The teen wasn鈥檛 able to get properly seated and slipped from the chair, holding as it rose to 30 feet before she lost her grip and fell onto the hard pack below. Miller shattered her C7 vertebrae, suffered bruising to her heart, injured her lung, and lacerated her liver. The accident has left her paralyzed from the waist down.

The original lawsuit alleges that Mike Miller, along with onlookers standing in the lift line, screamed to get the attention of the lift operator, but no one was standing at the lift controls. They claim that Annie Miller鈥檚 injuries could have been avoided, or at least much less severe, had the lift been properly staffed, and because it allegedly was not, that Crested Butte 鈥渃onsciously and recklessly disregarded the safety of Annie.鈥

Vail Resorts, which owns Crested Butte, doesn鈥檛 comment on ongoing litigation. But in the original court documents, Vail鈥檚 lawyers invoked the liability waivers that all skiers sign when they purchase their Epic Pass lift products. These blanket waivers acknowledge that skiing is an inherently dangerous sport and that participants may not hold resort operators liable for accidents that occur on the slopes. The protection is laid out under the , and, in regards to chairlift incidents, the Passenger Tramway Safety Act. While , few have been successful enough to make it to trial.

The Millers, however, are taking aim at the part of the legislation that limits protection for the ski area if the accident was caused by negligence and purposefully risky actions on the part of the resort.

And this is where they found traction with the Colorado Supreme Court.

鈥淎fter determining that that claim states a viable negligence per se claim,鈥 the justices ,听 鈥渨e further conclude, as a matter of first impression, that Crested Butte may not absolve itself, by way of private release agreements, of liability for violations of the statutory and regulatory duties on which Miller鈥檚 negligence per se claim is based. Accordingly, we conclude that the district court erred in dismissing that claim (we, however, express no opinion on the ultimate merits of the claim).鈥

Crested Butte chairlift
While chairlift falls are covered by the liability waivers we sign when we purchase our lift ticket, a new court ruling found that ski areas can be held liable if state law was violated.听(Photo: Getty Images)

To distill it down, the court said that while the liability waivers protect ski areas in many instances, they don鈥檛 protect them in cases where the resort was potentially negligent鈥攂ut they made an important distinction between the two different types of negligence the case addresses that were previously dismissed by the lower court. (A third, gross negligence, was not part of the appeal and thus not addressed.)

The first is 鈥渉ighest duty of care,鈥 from which the justices ruled that the resorts were protected under the liability waivers, which clearly include falls from chairlifts. The second, referred to in the above ruling, is 鈥渘egligence per se,鈥 which takes place when the defendant potentially broke state law, in this case, the Passenger Tramway Safety Act, and is the one on which the Colorado Supreme Court decided that the Miller lawsuit deserves to move forward.

鈥淲e have not previously addressed this question, and, in our view, it presents a matter of significant public importance, given the broad use of liability releases in the ski industry in Colorado,鈥 Justice Richard Gabriel wrote in the court鈥檚 opinion.

Two dissenting justices argued that there鈥檚 no meaningful difference between the two types of negligence in question, and both felt that the liability waivers were sufficient enough to quash the negligence claim and kill the lawsuit.

The Millers鈥 case is far from decided. The Supreme Court ruling simply allows the suit to be argued at the district court level, the results of which will be of great interest to not only the country鈥檚 ski resort operators but any business that takes people out to do inherently risky adventures such as rafting, ziplining, and mountain biking.

, the trade group that represents 21 ski areas in Colorado, is one of the entities watching this case closely. Arguing alongside Vail Resorts in the initial lawsuit, CSCUSA said that a judgment for the plaintiff could have massive effects on the ski industry, particularly around how the resorts are able to let kids experience the slopes. In its brief to the court, CSCUSA wrote that the judgment could weaken liability waivers for children, affecting a resort鈥檚 ability to get insured, which would ultimately determine whether a resort could even afford to allow kids on the lifts.

鈥淲ithout the protection of releases, many smaller and low-cost providers [resorts] will not be able to provide their services to children,鈥澨 the trade group wrote in the 2023 brief.听 鈥淔or many larger providers, without the protection of releases, they will have to increase prices.鈥

We all want skiing to be as accessible to everyone as possible, but not at the cost of our safety. At the end of the day, the onus is on the resorts to keep skiers safe. Needless to say, we鈥檒l be watching this closely as it moves back to the district court in the months to come.

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Proposal to Charge Lawbreaking Hikers Fails in Hawaii Legislature /outdoor-adventure/hiking-and-backpacking/lawbreaking-hikers-bills-hawaii/ Sun, 19 May 2024 10:14:10 +0000 /?p=2668705 Proposal to Charge Lawbreaking Hikers Fails in Hawaii Legislature

The bills would have instructed the state to seek reimbursement when hikers needed rescue from a closed trail, but they faced opposition from emergency personnel

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Proposal to Charge Lawbreaking Hikers Fails in Hawaii Legislature

A pair of bills that would have allowed Hawaii鈥檚 government to charge for rescues of hikers who venture onto closed trails has died in the state legislature.

Senate Bill 2543 and House Bill 2174 were the latest in a series of proposals that sought to hold scofflaw adventurers financially responsible for their own rescues. The text of the House version cited both increased spending on rescue operations and the danger to first responders as motivations for the bill, and expressed hope that the new legislation would act as a deterrent for hikers considering venturing onto closed trails or terrain. , with a companion bill that would have established a 鈥渉ike safe鈥 card whose purchase would have funded SAR operations failing as well.

While the bills drew support from some local residents and the state鈥檚 Department of Law Enforcement, the local fire departments responsible for executing most of those rescues largely opposed the measures. Captain Jaimie Song of the Honolulu Fire Department (HFD) told KHON2 news that the department opposed the bill.

鈥淲hat we don鈥檛 want is there to be a delay in initiating our response,鈥 Song told the station. 鈥淲e just ask the public, if you can be safe and responsible in your hiking, not only does that keep you safer but it also helps to keep us a bit safer too.鈥

Concerns about hiker rescues were a major motivating factor behind , a precipitous, World War II鈥揺ra climb that drew hundreds thousands of hikers every year despite being closed since the 1980s. But data from local fire officials strongly suggests most rescues take place on open trails. In 2022, HFD told KHON2 that the legal-to-hike Diamond Head trail saw more rescues than anywhere else in 2022, with a total of 40 operations; Lanikai Pillbox was second with 26, and Koko Head Crater third with 17.

Idaho, Maine, New Hampshire, Oregon, South Dakota, and Vermont all have laws on the books permitting authorities to charge hikers for rescues in some circumstances, but only New Hampshire enforces it with any regularity.

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A Salt Tram Tower Was Vandalized in Death Valley. We Found Video Evidence. /outdoor-adventure/environment/death-valley-salt-tram/ Wed, 15 May 2024 17:01:31 +0000 /?p=2668190 A Salt Tram Tower Was Vandalized in Death Valley. We Found Video Evidence.

A historic tram tower was pulled down and permanently damaged by an irresponsible driver in Death Valley National Park

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A Salt Tram Tower Was Vandalized in Death Valley. We Found Video Evidence.

On May 13, the National Park Service issued disclosing that a historic 113-year-old salt tram tower in Death Valley National Park had been pulled down by an irresponsible driver. Now, there鈥檚 video that may show the incident鈥檚 aftermath.

鈥淭he National Park Service (NPS) seeks information about recent damage to a historic salt tram tower in Saline Valley,鈥 reads the release. 鈥淚t appears the 113-year-old tower was pulled over while a person used a winch to extract their vehicle out of deep mud. The damage happened sometime between April 1 and April 24, 2024.鈥

A video uploaded to YouTube on April 27鈥攕hortly after the incident took place鈥攁ppears to show the immediate aftermath of the event, and may identify the alleged perpetrators.听That video was taken down on May 15, but 国产吃瓜黑料听reviewed it in the days prior.

The National Park Service confirmed that they have seen and downloaded the video.

鈥淲hile we don’t comment on ongoing investigations, the response to this incident from the off-road community has been humbling,鈥 an NPS spokesperson told 国产吃瓜黑料. “We’ve received an overwhelming amount of information attempting to help identify the individuals responsible and help repair the damage. We will notify people of potential volunteer opportunities at the appropriate time.”

Video loading...

The video appears to have been recorded on a dash cam. At the two-and-a-half minute mark of the original 11-minute video, the the driver is narrating his encounter with a person wearing 鈥渄aisy dukes and a halter top.鈥

The toppled tram tower. (Photo: NPS)

The location of the tram tower is about 40 miles into Saline Valley Road鈥攁 rough 4×4 route鈥攆ar听from the nearest pavement at Highway 190. It鈥檚 an area I鈥檝e traveled through many times, and am very familiar with.

The historic tram towers were constructed in 1911 to ferry salt from the remote Saline Valley, over the rugged Inyo Mountains, and into Owens Valley, 13 miles away, in a straight line.

鈥淭he tramway climbed over 7,000 vertical feet at steep grades up to 40 degrees,鈥 stated an NPS official in a release. 鈥淪aline Valley Salt Tram is listed on the National Register of Historic Places. It is considered nationally significant because of its age, length, steepness, preservation, and scenic setting.鈥

鈥淭ram tower #1 is the tower closest to Saline Valley lakebed,鈥 the release continued. 鈥淣earby tracks show that a vehicle drove a short distance off the legal roadway and got stuck in mud. Park rangers believe that someone used the nearby tower as an anchor to pull their vehicle out of the mud. The tower toppled over, pulling its concrete footings out of the ground.鈥

A photo of the truck in the video (Photo: YouTube)

鈥淲e need a winch,鈥 the woman tells the filming driver at the original 2:35 time stamp. 鈥淲e went a little too far into the mud, and there鈥檚 nothing to press the winch onto. See that last tower? Honestly, you guys can get into maybe like 20 feet easily, we just need something to latch onto, we鈥檝e got nothing.鈥

The driver then pulls down the access road that runs along the old tram line, and pulls into the turn around at the end of the road. The delineation between terrain that can safely be driven and impossibly deep mud is, in my experience, very clear at that point. But visible is a truck stuck up to its axles, about 20 feet beyond that point.

Site of the toppled salt tram tower, Death Valley National Park.
Site of the toppled salt tram tower, Death Valley National Park. (Photo: GAIA GPS)

At this point in the video, the tram tower is already toppled. We have no way of knowing if this is the vehicle or the drivers who pulled it down. But, at 3:45 in the original video, we can see someone disconnect the truck鈥檚 winch cable from the damaged tower, and drag it back to the truck.

A close up shortly after shows the vehicle in detail. It鈥檚 a white Toyota Tundra, of the generation made between 2006 and 2021. It appears to be extensively modified with a Topo Toppers Mesa camper,听a roof rack, a high clearance front bumper, and a winch.

The driver of the dash cam-equipped vehicle then goes onto attempt a straight winch pull. Vehicles stuck in deep mud can create resistance equivalent to two to three-times the weight of the vehicle itself, and that Tundra鈥檚 gross vehicle weight rating is 7,200 pounds. So it鈥檚 no surprise that attempt fails. Most winches on mid-size 4x4s are rated for a capacity of 12,000 pounds, or less.

Right after the truck gets unstuck. (Photo: YouTube)

At 5:30 in the original video, we can see the drivers attempt to attach a second winch line from another vehicle. The drivers then reposition the winch lines to separate recovery points, and attach a third line, which eventually frees the stuck Tundra. At no point are pulleys or dampers involved, which could have respectively reduced forces, and reduced the risk created by a broken line, shackle, or attachment point. The forces here must have been huge鈥攁t least 20,000 pounds鈥攕o any equipment failure would have resulted in potentially deadly consequences.

At 10:10 in the source video, the truck is eventually pulled to dry ground. Judging by the amount of phones seen in the video, this is likely not the only video or photos of the incident.

鈥淭he NPS already had a salt tram stabilization project planned before this damage happened, funded by the Inflation Reduction Act,鈥 concluded the NPS. 鈥淭he project manager has not determined if that funding can be used to re-anchor tower #1.鈥

鈥淧ark rangers ask that anyone with information on this incident contact the NPS-wide tip line at 888-653-0009 or听.”

鈥淚 hope the person responsible for this damage will contact us so we can discuss restitution,鈥 says Death Valley National Park Superintendent Mike Reynolds.

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Teton County Coroner Rules Jackson Ski Crash a Homicide /outdoor-adventure/snow-sports/jackson-hole-skier-collision-homicide/ Sat, 04 May 2024 08:30:52 +0000 /?p=2666974 Teton County Coroner Rules Jackson Ski Crash a Homicide

Is the growing number of high-speed collisions leading to more criminal charges on the slopes?

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Teton County Coroner Rules Jackson Ski Crash a Homicide

In a surprising鈥攂ut not unheard of鈥攄etermination, the Teton County Coroner ruled the death of Jackson Hole, Wyo., ski instructor a homicide. The 71-year-old Jackson resident was on April 14, and was on life support in an Idaho hospital until his death on April 17.

Wuerslin, who was skiing on the intermediate Rendezvous trail, was hit by a skier located uphill from him 鈥渨ho failed to maneuver鈥 around him, according to ski patrol reports. Both men were taken to the hospital, and the 34-year-old skier who hit Wuerslin, who also lives in the region and hasn鈥檛 been publicly identified, was released to recover at home. Wuerslin was not teaching at the time of the accident.

Following an autopsy, coroner Brent Blue determined the cause of death to be intracranial hemorrhage and ruled Wuerslin鈥檚 death a homicide. Blue also shared that , and doesn鈥檛 mean that criminal charges will be brought. The Teton County Sheriff鈥檚 office said that its investigation is ongoing, and that they are currently seeking eyewitnesses to the April 14 collision.

Jackson Hole base
(Photo: Amber Baesler for The Washington Post via Getty Images)

While a homicide ruling in a ski collision is very rare, it does highlight the growing concern over out-of-control skiers and snowboarders on increasingly crowded slopes. Since the pandemic, more and more people have turned to outdoor recreation, and since the winter of 2021.

Collisions aren鈥檛 new, but they are becoming more common. The Colorado Sun, and reported that 鈥渋t would appear that the increasing frequency of injuries coincides with the rising number of [skier] visits.鈥 The Sun noted that since the ski industry isn鈥檛 required to report skier injury data, it鈥檚 nearly impossible to confirm with hard numbers.

That said, the Denver鈥揵ased daily newspaper did collect trauma center admission data from 25 Colorado zip codes reported to the state鈥檚 health department between 2017 and 2022. Reporter Jason Blevins also visited the two busiest ERs in ski country and spoke to over a dozen injured skiers. Through that, the Sun came to the conclusion that there鈥檚 鈥渁n increasing concern about safety on ski slopes as crowding and collisions increase.鈥

There鈥檚 no real debate that collisions on the slopes are accidents, not premeditated, but that doesn鈥檛 make the responsible party immune from criminal charges. After , a 21-year-old liftie named Nathan Hall was charged with, and ultimately convicted of, criminally negligent homicide. Hall, who had just left his post for the day and was heading down the mountain via the Lower Riva Ridge run, collided with 33-year-old Alan Cobb at a high rate of speed. Cobb suffered a fractured skull and died the same day. Hall鈥檚 sentence included 90 days of jail time, three years of probation, and an $18,000 fine.

Just two seasons ago, a snowboarder who collided with a skier at Colorado鈥檚 Eldora Mountain was charged with leaving the scene of a crash. Nicholas Martinez, 29, slammed into Eldora ski instructor Ron LeMaster, who never regained consciousness and was pronounced dead at the base of the mountain on Nov. 3o, 2021. In that case, the Boulder County prosecutor鈥檚 office declined to push forward with a manslaughter charge because they couldn鈥檛 prove that Martinez was snowboarding out of control, nor if he was under the influence of drugs or alcohol. Martinez was and received a $500 fine and 40 hours of community service, to the disappointment of LeMaster鈥檚 family and friends.

In Jackson Hole鈥檚 Wuerslin case, it remains to be seen whether criminal charges will be brought. Still, there鈥檚 no denying that skier collisions are not to be shrugged off as 鈥渏ust part of the sport.鈥 That personal responsibility needs to be taken seriously鈥攐r else there could be legal consequences.

鈥淭hese incidents unfortunately continue to be an occurrence for skiers,鈥 JHMR鈥檚 Risk and Safety Director Jon Bishop , 鈥淚t is your duty as an uphill skier to avoid those below you. We ask that everyone ski in a safe and respectful manner.鈥

It could be a matter of life and death.

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A Wyoming Man Allegedly Tortured a Wolf. He Barely Broke State Law. /outdoor-adventure/exploration-survival/wyoming-law-protects-wolf-torture/ Thu, 11 Apr 2024 11:00:03 +0000 /?p=2664441 A Wyoming Man Allegedly Tortured a Wolf. He Barely Broke State Law.

Our columnist breaks down the laws that allow for animal cruelty

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A Wyoming Man Allegedly Tortured a Wolf. He Barely Broke State Law.

On February 29, Daniel, Wyoming resident Cody Roberts, taped its mouth shut, transported it to the town鈥檚 Green River Bar, posed for photos with the animal, then either beat or shot it to death, depending on which version of the report you read. State wildlife officials received a tip about the incident, and later fined Roberts $250 for a misdemeanor violation of Wyoming鈥檚 prohibition against possession of live wildlife. No other charges or penalties have been brought against him. As of April 10, however, the Sublette County Sheriff’s Office that they鈥攁long with the Sublette County Attorney’s office鈥攁re now investigating Roberts.

鈥淭he individual was cited for a misdemeanor violation of Wyoming Game and Fish Commission regulations, Chapter 10, Importation and Possession of Live Warm-Blooded Wildlife,鈥 says the Wyoming Game and Fish Department in . 鈥淭he department鈥檚 investigation indicated there were no other statutory or regulatory violations.鈥

The 206-word statement itself acknowledges the controversy that鈥檚 raging around the incident, saying: 鈥淭he department acknowledges the significant concern and dismay expressed by many people from around the state and nation.鈥

Why was Roberts able to torture a wolf to death with no serious consequences? The answer lies not only in Wyoming鈥檚 incredibly lax wildlife regulations, but also in the violence that permeates the relationship between the state and its most famous wild animal.

After being extirpated in 1926, the United States Fish and Wildlife Service (USFWS) reintroduced wolves to Wyoming in Yellowstone National Park in 1995. Wolves, the villains in many childhood stories, are a locus of fear for humans. But the animal also serves a vital role in its native ecosystem, where it helps keep ungulate populations healthy by slowing the spread of disease. And it does that at a net financial benefit to taxpayers, since tourists now flock to the state to view wolves. A study conducted in 2021 found that wolf-related tourism brings over $35 million annually to areas surrounding the park.

Speaking of taxes, before all the culture warring and fear mongering, it was the goal of the Republican Party to reduce tax burdens faced by the wealthy and corporations. The Republican Party鈥檚 policy positions are , so the GOP instead hoodwinks voters using fear and lies. The Republican-led Wyoming Statehouse passed a bill in 2021 calling to exterminate 90 percent of the state’s wolf population鈥攁 bill based on lies and misinformation. Pushing for policies based on fear instead of science has led to regulations around wolves that are unique among wildlife laws, mostly in their encouragement of cruelty.

When management of the species transferred from federal to state control in 2012, Wyoming鈥檚 political leaders established two distinct areas with differing population management goals. Areas adjacent to Yellowstone were set aside for trophy hunting, where wolf hunting is regulated. The rest of the state was designated a 鈥減redator zone鈥 where , reason, or justification. Wyoming also classifies coyotes, red fox, stray cats, jackrabbits, porcupines, raccoons and striped skunks as predators, and permits killing them throughout the state.

鈥淵ou could pull a wolf apart with horses in 85 percent of the state,鈥 explains Amaroq Weiss, Senior Wolf Advocate at the Center for Biological Diversity. In the predator zone, there is no regulation governing how or when wolves can be killed. This stands in contrast to typical hunting regulations in any other state, where what are called 鈥渕ethods of take鈥 are carefully defined to ensure animals are killed in ethical, humane ways, along with precise dates, to-the-minute guidelines on legal shooting hours, and generally universal bans on artificial light sources. The age and sex of animals it鈥檚 permissible to shoot are also written in law. But none of that is true in Wyoming’s predator zone when it comes to wolves. You don鈥檛 even need a hunting license or tag to kill one, just the opportunity.

Weiss cites 鈥渨olf whacking鈥 as an example, and it鈥檚 how Roberts captured the wolf he would go on to torture and kill. The term describes using a snowmobile to run a wolf to the point of exhaustion. Once it slows or collapses, you kill the animal by running it over. As Roberts鈥 escapade demonstrates, sometimes that might take multiple impacts, and sometimes the animal is simply left to die a slow, painful death.

鈥淟egislators in Wyoming are aware of the practice, and have declined to do anything about it,鈥 says Weiss.

The wolf advocate points out that the wolf Roberts tortured to death is also, 鈥減robably not even a year old yet.鈥 And was likely so injured by the impact with the snowmobile that it was unable to resist capture, or fight back as Roberts allegedly tortured it.

Why isn’t behavior like this covered by animal cruelty laws? Because, in Wyoming, those don’t apply to wolves.

鈥淭he incident occurred in a part of the state where gray wolves are legally classified as predatory animals,鈥 explains Wyoming Game and Fish Department’s statement on the incident. 鈥淧redatory animals are not managed by the department and animal cruelty laws, per Wyo. Stat. Ann. 6-3-1008 (a)(vii) do not apply to predatory animals.鈥

Weiss also explains that, even if wolf abusers could be prosecuted under some statute, doing so would require willful participation from individual law enforcement officers, all the way up through their agency鈥檚 chain of command, and into the state’s political leadership. 鈥淓ven if a [District Attorney] wanted to take up a case, a police officer would need to first bring it to them,鈥 she says.

The only illegal thing Roberts appears to have done under Wyoming law is to move the wolf from one place, to another. Hitting it with his snowmobile, taping its mouth shut, dragging it into a bar, beating it, and eventually killing it all seem to have been not just permissible activities in state law, but the inevitable and intentional result of Wyoming鈥檚 policies.

And even while the wolf was left to suffer, Wyoming law worked to protect Roberts. Lawmakers there understand how controversial these policies are, so they created a regulation that . No such policy exists for any other species, anywhere that I am aware of. And even though the regulation doesn’t protect individuals who break the law, state wildlife officials attempted to use it to 鈥渟hut down communications with the media,鈥 according to , a blog covering political affairs in the state.

This is far from the first event that sparked public outrage over Wyoming鈥檚 predator zones. The culture war surrounding wolves flared up last September, when one of the wolves Colorado reintroduced was lured into Wyoming and

Since the scandal broke last week, state officials have been under fire from members of the public.

鈥淚 would be disappointed if anyone were to paint Wyoming with a broad brush and suggest that Wyoming citizens condone the reckless, thoughtless and heinous actions of one individual,鈥 Wyoming Governor Mark Gordon in response to the outcry. Gordon, a Republican, to return their wolves when they cross the Wyoming border. Colorado has working agreements for the return of their wolves with Utah, New Mexico, and Arizona. Weiss says no legislation that might protect wolves from future acts of cruelty has been introduced in the state.

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Lawyer Up! The Gwyneth Paltrow Ski Crash Trial Is Getting Its Own Musical. /outdoor-adventure/snow-sports/gwyneth-paltrow-ski-crash-musical/ Sat, 25 Nov 2023 12:00:41 +0000 /?p=2653801 Lawyer Up! The Gwyneth Paltrow Ski Crash Trial Is Getting Its Own Musical.

A roundup of all of the wacky and weird news from the ski universe

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Lawyer Up! The Gwyneth Paltrow Ski Crash Trial Is Getting Its Own Musical.

Gwyneth Paltrow Ski Crash to Become a Musical

Like every great act in history, the bright theater lights have decided to shine a light on skiing鈥檚 most pivotal moment: the Gwyneth Paltrow ski crash. This December, Gwyneth Goes Skiing, a new musical detailing the celebrity trial, will hit the stage in London鈥檚 Pleasance Theatre. Described as 鈥渁 story of love, betrayal, skiing, and (somehow) Christmas,鈥 the play will feature original music and audience participation as the cast works towards a final verdict.

FIS Mandates Poles in Freeski Comps

The International Federation of Skiing has officially challenged the style gods, telling freeski competitors that poles will be mandatory for high-level events (World Cup, World Championships, etc) starting this season. Skiing without poles has gained traction in comp worlds over the last few years, as some skiers argue it enhances grabs, tricks, and overall style in big air, slopestyle, and halfpipe events. The announcement came as part of the new FIS Freeski judging rulebook and stipulates that anyone competing without poles will receive an automatic point deduction. Bummer, my dudes.

Kai Jones鈥檚 Straight Line Is Straight Bonkers

So you鈥檙e saying you鈥檙e just going to鈥oint 鈥榚m? Kai Jones may be recovering from injury, but boy, he sent us a reminder of what鈥檚 to come this week, with a little video leak of this monstrous 1000-vertical foot straight line. I鈥檓 pretty sure this isn鈥檛 what I looked like at 16, but keep it cookin鈥, Kai.

Channeling This Ski Guy Right Now

Sometimes, heroes wear capes; sometimes, they wear beanies under their helmets. Himay Palmer, may we not waste a day more.

 

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An Everest Guide Just Won a Legal Battle over a Canceled Summit Attempt /outdoor-adventure/exploration-survival/madison-mountaineering-everest-lawsuit-agreement/ Thu, 30 Dec 2021 20:32:17 +0000 /?p=2544175 An Everest Guide Just Won a Legal Battle over a Canceled Summit Attempt

Garrett Madison was sued by one of his clients in 2020 after he called off an expedition, saying it was too dangerous. A final court order states the client was not entitled to a refund and that guides should not fear lawsuits when making decisions about safety.

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An Everest Guide Just Won a Legal Battle over a Canceled Summit Attempt

In September 2019, Himalayan guide Garrett Madison called off a summit attempt on Mount Everest, telling clients that an ice block hanging over the route made it too dangerous. The following March, one of the clients on the expedition, Zac Bookman, sued Madison for $100,000 for breach of contract and fraud. In response, Madison filed a countersuit seeking a declaratory judgment absolving Madison of harm, stating that Bookman wasn鈥檛 entitled to a refund because he signed a waiver acknowledging that reaching the summit is not guaranteed due to unpredictable conditions. After more than a year of legal wrangling, the pair settled their dispute last week in a Seattle court with Bookman agreeing through a stipulated judgement that he is not entitled to a refund for the trip.

The signed agreement 鈥淢adison Mountaineering and Mr. Madison are the 鈥榩revailing parties鈥 and the 鈥榮uccessful parties鈥欌 and stated that 鈥渢he fear of lawsuits and the financial repercussions from lawsuits can lead to injuries, illnesses, and fatalities for clients, guides, Sherpa, and other mountain professionals.鈥

The lawsuits made headlines because of the eyebrow-raising prospect of a service dispute between a mountaineering guide and a wealthy client in one of the most exclusive and dangerous locations on earth. The judgment is being hailed in guiding and outdoor-adventure circles. 鈥淭he real fear within the industry would be that we would get sued every time we made a decision that a client did not like,鈥 says Guy Cotter, CEO of New Zealand鈥揵ased 国产吃瓜黑料 Consultants. 鈥淭he typical client on Everest has always included business leaders of industry and high rollers, some of whom decide that it is they who should be dictating decisions on the mountain.鈥

Madison, who has guided more than 70 clients to the summit of Everest, believed that the threat of a lawsuit over a judgment call for safety was beyond the pale. 鈥淚 feel like it鈥檚 a big win for myself and my company and for the mountain-guiding industry as a whole,鈥 says Madison. 鈥淓xpedition leaders should be able to make whatever decision they think is best and safest even if that results in the client not summiting and the clients are unhappy with that.鈥

Bookman had not responded to 国产吃瓜黑料鈥檚 multiple requests for comment.

鈥淭he real fear within the industry would be that we would get sued every time we made a decision that a client did not like.鈥

During the September 2019 Everest season, several climbing parties, besides Madison鈥檚 commercial expedition, were halted by the massive ice block, which was hanging nearly 3,000 feet above the route. The serac was estimated to be the size of a 15-story building, even larger than a similar ice block that had collapsed onto the same area in April 2014, killing 16 Sherpas working on the Khumbu Icefall between Base Camp and Camp I.

Among those who also called off their summit attempts were ultrarunner and mountaineer Kilian Jornet and Andrzej Bargiel, a Polish ski mountaineer who earlier that year made the first ski descent of K2 and hoped to pull off a similar feat on Everest. Two of Madison鈥檚 clients headed home, while a third accepted a consolation expedition to climb nearby 22,349-foot Ama Dablam. Bookman, however, declined the offer of a different summit attempt that fall and of a spot on an Everest expedition in a subsequent season. He and Madison remained in camp to see if the serac would fall and clear the way for a summit push. After eight days, Bookman flew home on the condition that Madison would remain in camp to see if the danger would resolve. No one made it to the summit of Everest in the fall of 2019, and 听sometime between October 2019 and November 2020.

In March 2020, Bookman sued Madison in California seeking $100,000 for breach of contract, alleging Madison had orally promised him a refund for the trip. He also claimed that Madison had deliberately scuttled the expedition because one of his other clients had been physically unfit, which sapped Madison鈥檚 incentive to push for the summit. Bookman鈥檚 lawsuit never mentioned the serac. Bookman told 国产吃瓜黑料 last year that this was because the ice block听鈥渨as a red herring.鈥 He continued, 鈥淭here are hanging seracs all over the west wall of Everest. It鈥檚 like saying we can鈥檛 walk through the forest until that particular tree falls down.鈥

Madison denies ever offering him a refund and in August 2020 filed the countersuit in Seattle. This month鈥檚 agreement settles that countersuit. Bookman鈥檚 California suit was thrown out in September 2020 on the grounds that it should have been filed in Washington State, where Madison Mountaineering is incorporated. He never refiled the suit in Washington.

In addition to stating that Bookman had 鈥渁ssumed weather, safety, and other risks鈥 on the expedition and wasn鈥檛 entitled to a refund, Bookman also agreed in the stipulated judgement that his previous attorney 鈥渟hould not have used the phrase 鈥榯he expert Sherpas and ice fall doctors were clearly lazy and inefficient,鈥欌 which appeared in a January 21, 2020, letter demanding a refund. Madison told 国产吃瓜黑料 in October 2020 that the members of the Sherpa team he hired had 100 Everest summits between them and that 鈥渢hese are my friends. The allegation that any of them are lazy is offensive.鈥

鈥淭his certainly appears to be a favorable outcome for Mr. Madison and the guiding industry,鈥 says Leah Corrigan, an attorney who represents outdoor-industry clients. Attorney James Moss, author of , says he knows of two other legal disputes involving clients seeking refunds from Everest guides. Neither was successful. 鈥淚f the guide鈥檚 contract is well written, it will stipulate that the guide has the right to cancel the trip due to unsafe conditions,鈥 he says. What鈥檚 remarkable about this order, Moss says, is that it was 鈥渨ritten not for the court, but as a press release. It鈥檚 meant to dissuade other similar lawsuits.鈥

Madison says he had no choice but to fight Bookman鈥檚 lawsuit because forking over $100,000 would have bankrupted him. Seven Summits guiding garners notoriously thin margins due to the high cost of permits, base-camp equipment, and Sherpas and other personnel. (Madison is currently from a client on a K2 expedition in the summer of 2019 that claims Madison charged him unnecessary additional fees and then prematurely called off a summit attempt.)

Madison and his legal team also says they felt bound to stand up for the Sherpa and guide communities. 鈥淥ur team was particularly concerned about the consequences this sort of lawsuit might have for Sherpa,鈥 said Doug Grady, Madison鈥檚 lawyer, in a released statement. Grady鈥檚 firm, Baker and Hostetler, took on the case pro bono (as well as the lawsuit from the K2 client). 鈥淭hey bear most of the climbing burden and often take the biggest risks,鈥 he continued. 鈥淚t is one thing for Sherpa to knowingly take those risks as paid mountain professionals, it is quite another for the American legal system to create unhealthy pressures that make their jobs even more dangerous.鈥

Grady also mentioned tentative plans to design an arbitration procedure for guides and clients that will avoid lawsuits by working out disagreements. 鈥淎bsolutely no one should be thinking about lawsuits when looking up at the Western Cwm from Everest Base Camp,鈥 Grady said.

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The Fight for the Joshua Tree Could Be a Watershed Moment for Species Protection /outdoor-adventure/environment/joshua-tree-endangered-species-ruling/ Wed, 20 Oct 2021 10:30:22 +0000 /?p=2534140 The Fight for the Joshua Tree Could Be a Watershed Moment for Species Protection

A recent ruling on an Endangered Species Act case may set a precedent for incorporating climate models into species protection

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The Fight for the Joshua Tree Could Be a Watershed Moment for Species Protection

Species protection doesn鈥檛 happen in just swamps or forests鈥攊t also happens in courtrooms. In September, a case to list the iconic Joshua tree as threatened on the endangered species list . The lawsuit, which was , had been going back and forth for years. But this time, a California district court judge when the U.S. Fish and Wildlife Service (USFWS) declined to list the species as threatened in 2019, it was negligent in its analysis of how climate change was decimating the tree鈥檚 population. The ruling sent the USFWS back to look at the science. 鈥淚t affirms our federal government鈥檚 responsibility to be forward looking on climate adaptation,鈥 says Jennifer Schwartz, WildEarth Guardians鈥 lead counsel on the case.

The Joshua tree is a spiky, long-limbed member of the agave family and a cornerstone species in its desert ecosystem. But it is starting to disappear. is important for species like the Joshua tree because the designation comes with a federal mandate to protect its habitat and create a recovery plan. It鈥檚 one of the most protective environmental laws on the books. Since the passage of the in 1973, only 11 listed species have been declared extinct.

But those numbers are sure to start increasing. A week after the Joshua tree ruling, the USFWS 听from the endangered species list . According to a , a million species are at risk of extinction, and the rates are skyrocketing because of human impacts ranging from land and water use to climate change. The Joshua tree case acknowledges the need to include climate change in the push to protect biodiversity鈥攁nd to do it now. 鈥淭his ruling may make the USFWS more comfortable with listing species that currently do not exhibit downward trends in numbers or in habitat but may experience decline decades in the future as a result of climate change,鈥 says , a partner at Nossaman LLP who focuses on the Endangered Species Act.

The Joshua tree ruling could open up the funnel for what gets protected.

WildEarth Guardians first filed a petition to list the species as threatened back in 2015 after scientists reported that Joshua tree numbers were declining by 50 percent in the Mojave Desert. The nonprofit argued that the tree鈥檚 viability was being decimated by the changing climate. Joshua trees are desert plants, adapted for hot and dry conditions, but they have been by habitat degradation and heat. The trees typically live for hundreds of years, but that young trees aren鈥檛 sprouting and that increasingly frequent fires, made worse by flammable invasive plants, are torching mature trees. On top of that, under current emissions scenarios show the future getting worse, rendering much of the Joshua tree鈥檚 habitat unlivable, including in their namesake national park.

Despite the evidence for protecting the Joshua tree, the case lingered, and in 2019, under the Trump administration, the USFWS said listing wasn鈥檛 warranted. WildEarth Guardians pushed back, alleging that the USFWS had blatantly ignored the climate data. 鈥淭he Endangered Species Act is supposed to be based purely on the best available science,鈥 Schwartz says. 鈥淭here鈥檚 a very strong body of peer-reviewed science, including five key climate models, that have been published over the last two decades that show how Joshua Trees are imperiled.鈥

So they brought it back to court and argued that the USFWS had failed to uphold its responsibility to science. This time, Judge Otis D. Wright II, from the U.S. District Court for the Central District of California, agreed with them, saying, 鈥淭he Service鈥檚 findings regarding threats posed by climate change and wildfire are unsupported, speculative, or irrational,鈥 and that the Service had to go back and consider the full body of science.

The case is significant because it underlines the importance of modeling and pushes the government to be proactive on species protection. Both of these actions could then become precedent, Hayes Barho says, because federal courts decide cases based on past legal records. And the Joshua tree is not the only tree in peril. Seventy-five percent of redwoods could by 2030 as their habitat heats up. On the East Coast, two-thirds of the range has been lost to sea level rise and saltwater intrusion.

The Joshua tree ruling, in other words, could open up the funnel for what gets protected. But whether that鈥檚 enough to prevent more trees and wildlife from going extinct is hardly guaranteed. We鈥檙e already down a path of mass extinction, Schwartz says, and it鈥檚 only going to escalate if we don鈥檛 use the laws and protections we have in place to help the species that are struggling to survive. 鈥淚t鈥檚 not going to be pretty,鈥 she says. 鈥淏ut avoiding it or kicking it down the line will just make it worse.鈥

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