Mt Whitney Zone Forums General Discussion Wag Bags

This always seems to become a controversial topic at some point. eje67 found an interesting legal case to discuss, thank you.

How well that case applies to Whitney is a legitimate debate. Looking at the big picture, Mr. Wasson established "permanent residence" living at his mining claim for 12 months. He was also cited for unlawful residence on Forest Service lands, claiming that the FS has no right to remove his permanent residence because he made a mining claim. He was basically an irresponsible squatter. It wasn't just the bucket full of crap he left behind, the FS removed all his other belonging as well. He claimed his bucket was an alternative to the port-a-potty that he agreed to use.

A permanent mining residence where one agrees to install a port-a-potty is very different than trail hiking and backpacking. Yes, the definition of "waste" could be stretched to include "human waste," I'll give you that. "Sewage" must also be "conveyed" so that would not apply. So it comes down how "human waste" is described and regulated in common practice. A reality-based definition if you will.

As to a national policy requiring hikers and backpackers to remove their human waste, that is just not the case in standard practice. Some people might want such a policy, but there would be a huge backlash from the millions of hikers who have been told to bury their human waste for decades, with specific "leave no trace" directions.

Special rules in a National Forest require a regulation, typically a Forest Order, which must comply with NEPA. Many of them are so minor they fall under pre-established exemptions, and that exception is cited in the FO. Requiring removal of human waste creates unintended impacts due to non-compliance (bags left behind). Inyo has established a voluntary pack-out system that is creating environmental impacts without specific regulation and without completing the NEPA process that was started and aborted. If they want to force this into a legal proceeding by writing citations, that would get very interesting. Maybe it will eventually lead to a more effective solution than what we have now.

In the mean time, I again urge everyone to do the right thing for the environment. Don't use an ineffective cat hole, don't leave bags behind. If you want to protest, there are clever ways to do that without impacting everyone else. If you really care a lot about this, get involved in some way to make things better.

Edited for minor typos.