On September 26, 2022, the Blue Ribbon Coalition, an Idaho-based organization that advocates for motorized recreation access, and all ATV Businesses located in the City of Moab and Grand County sued Grand County and the City of Moab in the Moab District Court for alleged damages in the millions caused by the local governments’ laws and policies regulating noise pollution. Claims include civil conspiracy, right to employment, right to free market, and freedom of speech.
The Grand County Attorney immediately issued this statement in response:
The County has a legal responsibility to protect the health, safety, and welfare of its inhabitants. That includes regulating pollution harmful to residents and visitors - and pushing back on outside interests like the Blue Ribbon Coalition who is trying to gain an advantage for their members at the expense of our community.
In trying to safeguard the health, safety, and welfare of County inhabitants, the County's decisions - at issue in this complaint - have been grounded in science, law and ethics. And while the economic rights of our local ATV businesses are important, the U.S. Supreme Court has found for 100 years that they are not absolute.
Noise pollution is pollution. Noise pollution is a health and safety issue. Regulating noise pollution is a legitimate governmental interest.
On October 17, 2022, Grand County filed its Answer, which includes an explanation of why noise pollution uniquely impacts Grand County, Utah as well as information regarding the County’s lengthy process and direct engagement with the ATV Businesses and the public prior to adopting laws and policies regulating noise pollution.
Under the Rules of Civil Procedure, and given the Tier 3 classification, this case will proceed through a long discovery phase before the case will be set for trial. Trial is expected to occur in Spring 2024.
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