Our special focus in this issue is on the sort of topsy-turvy, Alice-in-Wonderland world where a 1,400-page document is produced by the government to give effect to a plan designed to create new habitat for an animal in Colorado that no longer lives there, but which is being reintroduced so that it can be labeled endangered, which in turn will allow the Forest Service to restrict the recreational use of that land. You will find this special section starting on Page 49. It happens to focus on Colorado, but the issues involved are national and are certainly not confined to ski resorts on the national forest.
We are fortunate in being able to tap into considerable expertise for this section. The Denver office of the prestigious law firm of Arnold & Porter has long been the cutting edge of ski area law, representing as they do some of the biggest players. Headed by Managing Director Harris Sherman who, like his colleagues, is a passionate environmentalist in the best sense of the word, they are real experts at protecting the land from the embrace of zealots, whether governmental or from the ranks of extreme protectionists. They prevailed brilliantly this past year on behalf of Alta, Loveland and Loon; also, in appellate court, defending Vail’s Category III expansion against environmentalist challenges to the Forest Service’s approval. The result is some extremely valuable (and rational) case law that will benefit the whole ski industry. See especially Attorney David Neslin’s article on Cat III, starting on Page 52. Also, Harris Sherman’s piece starting on Page 54 on his concerns over a Forest Service plan that may be the precursor of an anti-recreation overlay for this agency’s policy decisions.
It is worth noting in passing that two key industry figures came originally from the Arnold & Porter ranks: Geraldine Hughes, NSAA’s director of public policy, and Melanie Mills, who has the same responsibilities for Colorado Ski Country.
Another piece, by Allen Best, attempts to make sense for us the saga of the Canada lynx, both in the field and in the regulatory process.
The whole subject is a hot one. You should be sure to study the special section in the November issue of Ski magazine with Ken Castle’s core report rather dramatically headlined, “The End of Skiing As We Know It?” A follow-up is scheduled for the December issue.
Ski’s Andy Bigford wants it known that his magazine is speaking on behalf of the skiers and boarders and is not a mouthpiece for the ski industry. Andy is frustrated by the difficulty of awakening the snowsports consumer to the threats posed by what he calls the “rather niched eco-movement.”
SAM Happenings
A SAM editor-in-the-making arrived September 25, weighing in at seven pounds, five ounces: a son, born to Laura Gourlay and Managing Editor Jonathan. Becket Jack arrived in a very disciplined way that allowed Jonathan to attend the Ski Areas of New York fall show two days earlier. … On Columbus Day, the Boston office was closed while Olivia Rowan and Sharon Walsh ran in a 10k road race with some 6,000 other women. “Sharon was fast,” Olivia reported. “As for me, just after I finished the loudspeaker announced, ‘And here comes 90-year-old Rosie.’ Well, at least I beat her.” DR.
