1. PUBLIC LANDS: Asbestos concerns prompt closure of Clear Creek; ORV users to file lawsuit (Land Letter, 05/08/2008)

Colleen Luccioli, Land Letter editor

A sudden and controversial closure last week of one of the country's top off-road vehicle recreational spots has stirred up tremendous rancor, with many groups saying they will pursue the only option left to them -- a lawsuit.

An alliance of groups, mostly representing ORV and other recreational interests, are lambasting both U.S. EPA's recently released study of asbestos exposure risks at the Clear Creek Management Area and the Bureau of Land Managment's subsequent decision to close off public access to the vast area, located in California's San Benito and Fresno counties.

BLM is hosting an informational meeting this evening in Santa Clara to provide EPA representatives an opportunity to present assessment findings with the public. The meeting could draw up to 1,000 attendants, some sources say, all of whom appear eager to critique BLM's decisionmaking process behind the order and the underlying science of EPA's analysis, on which the closure was based.

EPA's study, three-years in the making and released May 1, claimed that there was an increased long-term cancer risk from engaging in many of the typical recreational activities at the CCMA, which contains one of the largest naturally occurring asbestos deposits in the world.

The San Joaquin Rocks of CCMA. Photo courtesy of BLM.

EPA's assessment prompted BLM to issue an immediate closure of more than 30,000 acres of the area, which receives more than 35,000 visitors annually. The CCMA spans more than 75,000 acres, but because the closure order includes access points, it effectively closes off the entire CCMA, claims Don Amador, western representative for the BlueRibbon Coalition, an organization promoting ORV access to public lands.

Rick Cooper, BLM's Hollister field manager, stated, "Based on EPA's results, we believe a temporary closure of most of the CCMA is in the public interest and we ask for the public's cooperation. With the closure in place, we will immediately move on with developing a long-term resource management plan for the area with the public's full involvement."

This means the CCMA could be closed for two to four years, said Amador, explaining that that is the timeframe laid out for BLM to complete its resource management plan. "That's what makes it so serious," he added. "This is an extreme measure."

The area

The rugged and scenic terrain of CCMA is inviting to a broad range of outdoor enthusiasts. Off-road vehicle users are not the only ones drawn there; hunters, campers, hikers, botanists and rock collectors find opportunities to indulge their recreational interests in the area too.

The area contains one of the largest mineral deposits in the world, explained Ed Ilgren, a pathologist who has done extensive research on human exposure to asbestos. According to Ilgren, CCMA has an estimated 1 trillion cubic meters of chrysotile asbestos.

Since the early 1990s, BLM and EPA have posted signs in the area alerting visitors of asbestos exposure hazards, but that did not deter visitors.

Despite the varied interests attracting visitors to the area, CCMA is among the country's top 10 destinations for ORV riding, according to sources, who add that ORV use alone accounts for the vast majority of visits to CCMA. But because the CCMA contains the largest U.S. deposits of asbestos, a known human carcinogen, the heavy interest in ORV use, which stirs up the soil whirling asbestos into the air where it can be inhaled, creates an even more acute concern about asbestos exposure, EPA says.

The area also holds another distinction. It is the only place where the threatened San Benito evening primrose can be found. According to the Center for Biological Diversity, about two-thirds of the area's colonies of the primrose have been harmed by off-road activity, and one colony of 1,476 plants was wiped out by off-road drivers between 2000 and 2003.

In 2004, the Center for Biological Diversity and the California Native Plant Society filed suit in federal court to get the Bureau of Land Management to manage off-road vehicle use to better protect the primrose. As a result of this lawsuit, off-road use was officially restricted to 242 miles of trails, CBD says.

The science

"The EPA's sampling results demonstrate that in areas where asbestos is present in the soil, activities that create dust also create asbestos exposure," said EPA Toxicologist Daniel Stralka. "Higher dust-generating activities produce higher exposures and, therefore, higher risks. The asbestos levels measured in the breathing zone at CCMA are in the range seen in industrial environments and are at levels of concern. Reducing or eliminating dust-generating activities in CCMA will reduce exposure and reduce the risk of developing asbestos-related disease."

CCMA's landscape is characterized by rugged terrain. Photo courtesy of BLM.

But these claims have generated an uproar of protests from many groups and individuals discounting the scientific basis of EPA's study.

"I don't believe this is harmful," said Ilgren of the asbestos. "There is no scientific reason to close the area." Furthermore, Ilgren pointed to a long history of mining, farming and grazing as well as frequent recreational use in the CCMA area, "Yet there's never been one documented case of asbestos-related disease. You'd think there'd be at least one."

Ilgren and many other critics of EPA's study say the agency did not distinguish between chrysotile's short fibers and other types of asbestos that have longer fibers and pose increased human health risks. In not doing so, the critics contend, the premise of EPA's study was faulty and the conclusions were wrong.

"Several studies show that risks associated with [longer fiber asbestos] and chrysotile are completely different," said Steve Koretoff with Friends of the Clear Creek Management Area, which represents recreational users of the area.

"Chrysotile has been proven to be harmless over and over again even with extraordinarily heavy contact with chrysotile, added Ray Iddings with Three Rocks Research, an organization that pursues California historical and cultural research.

Not all groups condemned EPA's study.

"It's about time that the agency steps in to protect public health," said Chris Kassar, a biologist with the Center for Biological Diversity. "The EPA study confirms that asbestos levels and toxic dust kicked up by off-road vehicles is a much greater health hazard than previously thought, and the Bureau of Land Management is going to have to be very careful about how they manage this area in the future."

The process

"We dispute not only these findings, but the manner in which they have been presented and imposed upon the public," said Amador in a written statement. Later, in an interview with Land Letter, Amador said his and other interest groups remained very surprised by the actions taken. "Usually, an agency issues an emergency order based on an imminent threat," he explained, adding, "But this is a perceived or claimed threat that has yet to produce one case of disease."

In a separate interview, Kertoff added, "We knew EPA would be coming out with its report and we expected a public meeting on it. Then we thought BLM would decide what action to take. The procedure didn't happen that way. Now we're having public meetings after the fact."

Tonight's public meeting is expected to include some very frustrated individuals and groups, these sources say. In addition, BLM has announced that it would continue the public scoping process started last year for the RMP through June 21, 2008. Also, BLM has scheduled two public workshops -- May 19 in Hollister and May 21 in San Jose -- to discuss the RMP.

But the matter is expected to end up in the courtroom too.

"It looks like this will have to be resolved in the court of law," Amador said. He added that the BlueRibbon Legal Defense Fund is expected to take the lead and local businesses and recreational groups affected by the closure are expected to join. The lawsuit will be filed "in the very near future," he said.

Kertoff also noted that ORV users are already feeling constrained because "a lot of riding areas in California have been shut down." He said the CCMA closure is the second emergency closure to come out of BLM's Hollister office in the last calendar year. Also, the Forest Service is developing a route designation plan, requiring forests to set up designated routes within each forest. As a result, "What we're seeing is that we're losing a lot of routes that have historically been for ORV use." And finally, he said a number of campgounds in the state have outlawed use of ORVs. "Combine all of this and you have a perfect storm," he concluded.

Back to Public index page