So much goes on behind the scenes in regards to OUR Public Lands, it is difficult to keep track of the fusillade of attacks against us John and Jane Doe Public users.
In this article from The Hill, they discuss how certain special interest groups in Wyoming have been trying to criminalize the collection of science data on Public Lands. http://thehill.com/blogs/pundits-blog/energy-environment/349863-court-smacks-down-wyoming-efforts-to-suppress-science
The gist of the article says that a person who gathers data on public lands, (including photos), could be brought to court and charged for trespass if those public lands were in someway locked away from access by private lands.
In other words, the charge of trespass would be based on the data taken, not on an actual violation of trespass on private lands at the time.
The goal of this would be to allow a lawsuit to take place and force the data taker to defend in court that they did not trespass to get the data. So regardless of the fact that someone could have accessed the Public Land lawfully, a lawsuit could still be filed forcing the litigant to prove they had access.
In other words, a crime of trespass could be assumed based on just the data (including pictures).
In the case mentioned in the article, the judge ruled in favor of the data gather.
However, the law still is on the books.
The writer of the article concludes this way:"A federal law establishing the public’s right of access to all public lands nationwide would settle the issue once and for all, in Wyoming and every other state where private interests hold exclusive privileges to parts of our public lands."
If Zinke were to respond to this kind of a challenge by improving access to Our Public Lands, then I would become a believer in him. But of course he will not.......
Cheers,
Mark
Ye shall have the right to roam
In this article from The Hill, they discuss how certain special interest groups in Wyoming have been trying to criminalize the collection of science data on Public Lands. http://thehill.com/blogs/pundits-blog/energy-environment/349863-court-smacks-down-wyoming-efforts-to-suppress-science
The gist of the article says that a person who gathers data on public lands, (including photos), could be brought to court and charged for trespass if those public lands were in someway locked away from access by private lands.
In other words, the charge of trespass would be based on the data taken, not on an actual violation of trespass on private lands at the time.
The goal of this would be to allow a lawsuit to take place and force the data taker to defend in court that they did not trespass to get the data. So regardless of the fact that someone could have accessed the Public Land lawfully, a lawsuit could still be filed forcing the litigant to prove they had access.
In other words, a crime of trespass could be assumed based on just the data (including pictures).
In the case mentioned in the article, the judge ruled in favor of the data gather.
However, the law still is on the books.
The writer of the article concludes this way:"A federal law establishing the public’s right of access to all public lands nationwide would settle the issue once and for all, in Wyoming and every other state where private interests hold exclusive privileges to parts of our public lands."
If Zinke were to respond to this kind of a challenge by improving access to Our Public Lands, then I would become a believer in him. But of course he will not.......
Cheers,
Mark
Ye shall have the right to roam
