On December 16, 2002 MRR went before The Honorable Kenneth A. Sandvik in Lake County District Court in Two Harbors seeking an Environmental Impact Statement on the DNR’s Moosewalk/Moosrerun "ATV trail prototype" proposal for the Finland State Forest. In a separate but related action, under the Minnesota Environmental Rights Act (MERA), MRR is also asking the court to order the DNR to repair and restore damaged areas, and to close and reroute high impact ATV trails.

According to the DNR’s ATV Trail map for the Finland State Forest (June, 2002) the proposed Moosewalk/Mooserun ATV trails are phased and connected portions of a larger ATV system connecting the North Shore State Trail and Red Dot ATV Trail with Tettegouche State Park and Bean Lake on the Lake Superior Hiking Trail.

The DNR released a brief Environmental Assessment Worksheet (EAW) last Christmas Eve on its so called "prototype" Moosewalk/Mooserun ATV proposal which MRR found wholly inadequate. MRR members provided public comment on the EAW regarding extensive wetlands damage resulting from illegal trail construction and illegal DNR disbursement of public funds to the local snowmobile/ATV club.

In asking the court to order an EIS MRR will make the following four basic arguments:

• The DNR used the wrong baseline for environmental review, reviewing the impacts of its proposed route construction while not reviewing the impacts of ATVs on unimpaired forests and wetlands
• The DNR record of decision failed to include substantial evidence (provided during the comment period) to support its refusal of an EIS
• Portions of the "Moosewalk/Mooserun ATV Trail" were built during the EAW process in violation of Minnesota law
• The DNR used the EAW, not to review potential impacts, but to justify a predetermined decision.

The court will make its decision, known as "summary judgement", regarding further environmental review based on a review existing records – the DNR’s EAW, pubic comments, DNR record of decision, evidence of illegality. The MERA claim for "injunctive relief" would be heard in a trial currently scheduled for March 31. The DNR has asked the court to dismiss MRR’s request for reparations and trail closures. Judge Sandvik has announced that he will make his decision in 30 – 45 days on whether to order the EIS and whether to allow a trial.

Below please find MRR’s Memorandums of Law discussing our legal arguments and photos of wetland damage done by the local snowmobile/ATV club with their publicly funded bulldozers.