On October 3rd, mountain bikers in Marin County, California, were lubing their chains and pumping up their tires for the next day’s rides celebrating a momentous win in a long-fought battle for trail access on Mount Tamalpais (aka Mt. Tam). Advocates young and old, paid and volunteer, NICA team members, e-bikers, the racer set, the shuttle bros, and the soft-pedaling meanderers were about to make history by legally riding 6.6 miles of trails on Marin Water District lands.
They were to be welcomed by the land management agency that had spent the last several decades not only prohibiting their access via policy and signage, but via enforcement of varying degrees, including the use of radar guns, citations by water district rangers, and the deployment of Marin County Sheriffs. And while Marin is an affluent, relatively low-crime county, cyclists who took their citations to court were often greeted by judges who were confounded by the cases at hand, often issuing statements of incredulity, a la “You’re in my court for… riding on a trail???”
After six years of hard work on the part of Marin Water, Marin County Bicycle Coalition, Access 4 Bikes, NICA teams, and countless volunteers and community members, the “Trail Sharing Pilot and E-Bike Class I Trial” programs on the Mount Tamalpais Watershed were to begin on October 4th. On October 3rd, Marin Water issued this press release:
…Marin Water has been working diligently to prepare for implementation of both programs, which were set to begin this week. On Tuesday, Oct. 1, 2024, the California Native Plant Society, the Marin Audubon Society and the Marin Conservation League filed a lawsuit against Marin Water alleging that Marin Water failed to comply with the California Environmental Quality Act (CEQA) in its adoption of these programs and sought a temporary restraining order to stop […] implementation.
The Marin County Superior Court issued a Temporary Restraining Order halting the initiation of the pilot programs on October 3rd, meaning no celebratory rides, no new access, back to status quo.
While we are disappointed that our plans have been postponed […] Marin Water believes that the planned pilot and trial programs were adopted in compliance with CEQA requirements and are thoughtful progressions in our adaptive management approach to recreational uses on the Mt. Tam Watershed, which is home to the source of the majority of our water supply and more than 1,000 species of plants and 400 species of wildlife. The District worked hard to assess watershed trail conditions, monitor trail use data and engage with a range of user groups in order to design trial programs that allow for expanded recreational interests without compromising our number one priority – protection of our community’s drinking water and the biological diversity that exists within this incredible natural resource. To that end, we will continue our efforts towards introducing the Trail Sharing Pilot and E-Bike Class I Trial programs on the Mt. Tam Watershed, and will provide updates to the community as they are available.
Reaction from the leading bike advocacy organizations was swift and pointed. Marin County Bicycle Coalition sent a note to its membership stating, “in our opinion, these litigants, some of whom call themselves ‘partners,’ do not want to share. The Marin Conservation League, The Marin Audubon Society, and the California Native Plant Society are not interested in equitable access; they did not participate in the stakeholder process in good faith and have let the people of Marin down.”
Bill Keene from Access 4 Bikes said of the lawsuit, “we are extremely disappointed. Marin Conservation League indicated they would not sue. Pilot trails were selected to avoid environmentally sensitive areas and the litigants know this.”
Keene believes that data collected by Marin Water during the two-year pilot program would prove that there are no significant impacts associated with the introduction of bikes on singletrack trails. “And now the collection of data across the watershed is being obstructed.”
The judge overseeing the case placed a temporary restraining order on the project to allow time for due process. The hearing for a preliminary injunction is planned for November 1. We’ll be sure to post updates as the case develops.
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