On November 5 I posted Grazing foes win key case and this press release concerning this court decision. Below is a notice received today from the New Mexico Cattle Growers Association.

November 10, 2003

In late October, 2003 a federal district judge in Arizona issued a ruling on a case filed by the Forest Guardians. That much of what has been printed and distributed is true, but that is about where the truth ends.

The ruling has been analyzed by New Mexico Cattle Growers' Association (NMCGA) attorney Karen Budd-Falen, who had the following to say:

"How the Forest Guardians can claim an immediate elimination of grazing based upon the language in the court's Order is beyond me! While the Court order did invalidate the grazing permits, it did ONLY until ESA section 7 consultation is started. Once ESA consultation is initiated, ESA section 7(d) kicks in and so does the court's analysis in the 666/2562 case wherein the 9th circuit did NOT agree that the elimination of grazing was automatic in these cases. Of course, the Forest Service could fail to start section 7 consultation, or find that for an individual grazing allotment, based upon individual circumstances, section 7(d) does not apply, but contrary to the claims in the Forest Guardians' press release, there is no automatic injunction eliminating grazing from these allotments ordered by this court. Assuming that the Forest Service immediately initiates section 7 consultation and section 7(d) applies, grazing can continue."
Karen Budd-Falen, November 6, 2003

Research indicates that the vast majority of the allotments listed in the order have had section 7 consultation take place during the duration of the case and that there will be only a very small number of allotments that will even require consultation initiated.

Allotment owners concerned about the status of their individual allotments should contact their local district rangers to determine what action should be taken next. If consultation is necessary, they should request that it begin immediately. If consultation is to take place, individual allotment owners should request applicant status to participate in the consultation.

Anyone having questions may contact the NMCGA at 505/247-0584.