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Re: [pct-l] Fire Rules - alpine especially

At 11:54 AM 3/26/1998 EST, Charcholla wrote:
>Once we learn the FS's "intent" of the regulation, then we ALL need to abide
>by the regulation (whether we as individuals agree with it or not) until we
>can lobby and have it changed.

Remember, FS regs are NOT LAW, they can be authorized by law.  And the
authorization is for specific purpose.  So for example, I would bet the FS
is charged with managing fire in areas under their jurisdiction and
authorized by law to issue regs to further their fire management goals.

But the burden is on them to prove a particular application of a particular
reg furthers fire management.  And the judge is free to decide they have
exceeded the authority they were granted.  Imagine the area around Whitney
Summit.  It is so cold and exposed there that there is no vegetation.  So
unless you have something hot enough to set granite alight (I doubt it),
there is no fire management purpose to be served by prohibiting fires there
(provided you are far from a sheer drop where sparks could land a few
thousand feet lower).  So a citation issued there might be overturned at
trial.  

That is not a matter of civil disobedience any more that the disobedience
of an unconstitutional law is.  An unconstitutional law is not a law.   And
so there is nothing to break.  Except bureaucratic hot air balloons.  

I guessed I was raised different.  I believe the government is subject to
the rule of law and not to be slavishly obeyed just because it says so.

--
Dave Gomberg	mailto:gomberg@wcf.com
FormMaestro  <http://www.wcf.com>
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