Judge: Blankenship camp can stay open

A federal judge has ruled against a group of concerned residents who want to shut down a Forest Service managed camp on a gravel bar just south of the Blankenship Bridge.

In a 20-page ruling on July 15, U.S. District Court Judge Donald Molloy ruled that Friends of the Flathead River hadn’t proven their case that the Flathead National Forest was mismanaging the area by allowing people to drive on and camp on the gravel bar. Several vehicles have also gotten stuck in the bar and in the river, including a bus last year.

The bar used to be a sleepy camp where just a handful of campers would stay during the summer months, but during the pandemic, popularity of the site surged, with as many as 70 campers a night.

But Molloy ruled that the section of the river is classified as recreational under the Wild and Scenic Rivers Act and as such, the Forest Service does have some discretion in allowing public use..

He noted that a 2010 travel plan crafted by the Forest Service allows motorized travel 300 feet from an established road at Blankenship.

ound that Friends simply hadn’t met the legal standard for a mandatory injunction to stop camping at the site.

“Ultimately, while the conduct Friends alleges is unsavory and unsightly, The increased use Friends complains of does not warrant mandatory injunction. At this juncture, Friends has not shown that is likely to succeed on the merits of its claims,” Molloy opined.

The Forest Service has put in portable toilets at the site and it does patrol the area. People are also expected to adhere to a three-night stay limit.

There is no fee to camp there and there is no permanent host like formal Forest Service campgrounds.

The Forest Service is working on a Comprehensive River Management Plan for all three forks of the Flathead River that is expected to be released sometime this year, which could ultimately decide the future of the campsite.

Molloy also spoke to that, noting that under the Wild and Scenic Rivers Act, there is no mandatory authority to update or issue a new comprehensive river management plan under the Wild and Scenic Rivers Act, even though it generally is a good idea.

In the meantime, the Forest Service has asked Molloy to dismiss the case entirely.

Molloy has yet to rule on that motion.