The Park Service posted signs in early January 2001 announcing that the planned closure would take place on January 12th. However, doing so without receiving permission from the U.S. District Court would be in violation of the preliminary injunction . The matter has been delayed until a February 1st case management conference and the area was not closed on January 12th as had been announced.
Signs now indicate future closure without specifying a date.
Please be on notice and make sure that the relevant Park Service employees are aware that any such action would be in contempt of the Court order currently in place in this case. Otherwise, the fences may remain in place pending a final judgment. The plain and clear language of the Preliminary Injunction is that the area is to remain open to public access until such time as the government prevails on a motion to modify or dissolve the current injunction. The public is prejudiced by the inadequate notice over the holiday period. Some may seek reconsideration or review of the decision, particularly in light of the perceived improper and inadequate rulemaking, the appearance of lack of reasonable compliance with the environmental review requirements, and the concern that the decision is otherwise in violation of the relevant statutes.