Mt Whitney Zone Forums General Discussion HSHA Lawsuit

I am representing the horses because they can't speak for themselves. It is soo funny to see how you now understand human waste is soo much larger but continue to maintain that the human waste is less disagreeable than horse waste because there are a few beloved solar port a potties in the front country. It boils down to human sh.. stinks less. Maybe some of yours smells like roses. Smile! The sad truth is that a lot of misinformed and misguided are making noise because they don't get it. I agree that most if not all the decisions made for the wilderness are driven by political issues. Using law suits to make policy is as extreme as it gets in my opinion. It was intended to be the scientists and congress and not the courts making these decisions. Thank you Sierra Club!
"I attached a copy of Attached is a declaration by Seth Hufstedler who is a senior counsel with the law firm Morrison Foerster (the law firm for High Sierra Hikers Assn.) who is 89 years old and regularly hikes the sierras. Seth strongly supports the commercial packers and has stated as much in this declaration to the court. Seth regularly uses commercial packers to bring his gear to him at high altitudes after he has hiked there, and the gear includes those luxury items that HSHA thinks need to be banned in the wilderness. I think it is so nice to see a lawyer for the firm that is suing SEKI supporting the commercial packers. Sweet justice."

MELTNDA L. HAAG (CSBN t32612)
United States Attorney
JOANN M. SWANSON (CSBN 88143)
Chief, Civil Division
MTCHAEL T. PYLE (CSBN 1729s4)
Assistant U. S. Attorney
Northern District of Califomia
150 Almaden Blvd., Suite 900
San Jose, CA 951 13
Telephone: (408) 535-5087
Facsimile: (408) 535-5081
Email: michael.t.pyle@usdoj . gov
IGNACIA S. MORENO
Assistant Attorney General
Environment and Natural Resources Division
CHARLES R. SHOCKEY (D.C. Bar No. 914879)
Trial Attorney, U.S. Department of Justice
Environment and Natural Resources Division
Natural Resources Section
501 "I" Street, Suite 9-700
Sacramento, CA 958 1 4 -2322
Telephone: 916-930-2203
Facsimile: 916-930-2210
Email: charles. shockey@usdoj . gov
Attorneys for Defendants
I.]NITED STATES DISTRICT COURT
NORTHERN DISTzuCT OF CALIFORNIA
SAN FRANCISCO DIVISION
HIGH SIERRA HIKERS ASS'N,
Plaintiff
DECLARATION OF SETH M. HUFSTEDLER
Case No. 3 :09-cv-04621 -RS
V.
DEPARTMENT OF THE INTERIOR, et al.,
Defendants.
DECLARATION OF SETH M.
HUFSTEDLER REGARDING
PLAINTIFF'S MOTION FOR
INJUNCTION
Date: May 23,2012
RESPONSE TO PLAINTIFF'S
MOTION RE: REMEDY
Case3:09-cv-04621-RS Document103-19 Filed04/24/12
Page 1 of 4

I, Seth M. Hufstedler submit this declaration pursuant to 28 U.S.C . 1746 and declare as
follows:
1 . I live in La Canada - Flintridge and have been a resident of the state of California
since 1928.
2. I graduated from the University of Southem California and Stanford Law school. I
have practiced law in California since 1950, and now am a senior of counsel at the firm of
Morrison & Foerster, in the Los Angeles office.
3. I have spent a good share of my life in the outdoors, and especially in the Sierras.
My family and I have a cabin at Lake Huntington, which my mother acquired in about 1946 and
has been in my name for many years. I have spent many happy years walking and camping in the
surrounding mountains, and on many occasions have used packers to carry the equipment. I have
walked the entire Pacific Crest Trail from Mexico to Canada, and about one-third of the trail
south, from Canada to Mexico. In addition my wife and I have made 13 trips to Nepal, where we
have trekked more than 1500 miles in the Himalayas. (There the "packers" are Sherpas, many of
whom have become good friends.) In walking on the Pacific Crest Trail, our group has used
packers on the John Muir trail both north to south and south to north. We have also used packers
on several other stretches, including in the Cascades. However, we were walking and they
carried the equipment.
4. Some years ago I started climbing Mt. Whitney on my birthday. On walking the
Pacific Crest Trail, the second time on Mt. Whitney, it turned out to be my birthday. (The time
before was a couple of days after my birthday.) So I later climbed it some more. On my 80th
birthday, a group of friends and I climbed it from the'West side, and were on top on my birthday.
That seemed good, so on my 85th birthday, several of us went up again, also on the West side.
However, we ran into a "rogue" storm which was not anticipated, and above Guitar Lake the
temperature was 20 and the wind 50 mph. We had only light summer equipment and at about
13,000 my hands began to freeze. After restoring circulation three times, by rubbing them, it only
made sense to come down, so we did and did not climb to the top. So on my 87th birthday we
went up again, from the West. It was easy and we had a relaxing sunny lunch on top.
DECLARATION OF SETH M. HUFSTEDLER
Case No. 3 :09-cv-04621-RS
Case3:09-cv-04621-RS Document103-19 Filed04/24/12
Page 2 of 4

5. The point of this is that on each of those trips to the top, we had excellent packers.
They were careful to respect all of the rules. On the last trip, the animals could not be kept above
10,000 feet, so the packers had to take them back down when the walkers were camping above
that. On many of the trips where we have had packers, the packers often were cleaning up debris
that backpackers had left.
6. The Rangers at Rock Creek and Crabtree, who were excellent, reached the
conclusion that I was the oldest male to climb Whitney. Not the oldest person - a woman of 91
climbed it about 15 years ago.
7. My 90th birthday comes up in September, and I plan to walk up to the top again, if
that works out. The permits for September are already gone, and packers are not permitted on the
Portal Trail to the top. At my age, climbing with a backpack is a lifile too strenuous, and making
the trip in one day would be too much.
8. Naturally, therefore, I would like to take the Vy'estern trall again, and have packers
carry the gear up to the "last water" which is a pool at almost exactly 12,000 feet. They still have
to return the horses below 10,000, as before, at night.
9. If the new severe limitations are imposed, this cannot really occur. We could
camp four nights, or so, going in, and need the camping equipment and food. Particularly, ice
chests to keep some fresh food are necessary, and they do not cause litter or damage the
"wilderness experience." A folding camp chair and a table for the cook are not going to damage
the wilderness. What these proposed limitations will do is greatly limit the ability of more elderly
people to enjoy the experience.
10. I recognize it is not great loss to the world if I do not climb Mt. Whitney at 90, or
at92, if I am around that long. But depriving everyone of advanced age to have the ability to use
pack services to carry equipment and suitable food is a tragedy. I confess I have had my share of
fun and appreciation of the wilderness, but denying the elderly the right to have adequate use of
the packers help would be unforgivable.
DECLARATION OF SETH M. HUFSTEDLER
Case No. 3:09-cv-04621-RS
Case3:09-cv-04621-RS Document103-19 Filed04/24/12
Page 3 of 4

I declare under penalty of perjury under the laws of the United States that the foregoing
statement is true and correct.
Executed this 23th day of April,2012, at Los Angeles, California.
DECLARATION OF SETH M. HUFSTEDLER
Case No. 3 :09-cv-0462 1-RS
Seth M. Hufstedler
Case3:09-cv-04621-RS Document103-19 Filed04/24/12
Page 4 of 4