Supreme Court To Determine Public Lands Access

Supreme Court To Determine Public Lands Access

From Backcountry Hunters & Anglers:

“With more than 8 million acres of public lands on the line, Backcountry Hunters & Anglers (BHA) is once again mobilizing hunters, anglers and public land owners to help fund the final legal battle in what may be the most pivotal public lands case of this generation. Iron Bar Holdings, LLC, has petitioned the U.S. Supreme Court to overturn a landmark decision by the 10th Circuit Court of Appeals that upholds the legality of “corner crossing”–a method of accessing public lands at the shared corners of public and private lands laid out in a checkerboard configuration.

The 10th Circuit’s ruling affirmed public access rights across more than 3.5 million acres of public lands in Wyoming, Colorado, Utah, New Mexico, Kansas and Oklahoma. If the Supreme Court agrees to hear the case, it will likely determine the public’s right to access approximately 8.3 million acres of public lands across the West.

The four hunters at the center of the case were first acquitted of criminal trespass and later prevailed in civil court where they initially faced over $7 million in alleged damages for passing through private airspace while stepping from one public land parcel to another. Backed by a wealthy land baron, Iron Bar Holdings, LLC, has retained a national corporate law firm with extensive litigation resources, and their petition asks the Supreme Court to reinterpret the 1885 Unlawful Inclosures Act in a way that would expand private property rights and significantly restrict public access.

This would be a departure from the district court ruling and the unanimous decision from the 10th Circuit panel who posited, ‘any inclosure that effectively prevents access to public land for lawful use is an unlawful inclosure that is a proscribed violation of federal law.’

‘This case represents a make-or-break moment for access to millions of acres of public lands across the West,’ said Devin O’Dea, Western Policy & Conservation Manager for BHA. ‘But what’s at stake isn’t just access–it’s the very notion that public lands belong to the people.’ 

In addition to filing multiple amicus briefs throughout the case, BHA has helped raise critical funds for the hunters’ legal defense, and is now rallying public support through a new grassroots fundraising campaign to ensure they are not left to face this final challenge alone.

‘This is about standing up for the American public’s right to access the lands we all own,” O'Dea said. ‘The stakes are simply too high to sit on the sidelines.’”