NEWS ROUNDUP

Property owners can sue state, court rules A New Mexico family can sue the state for "taking" their property without just compensation, the state Supreme Court has ruled. In a 3-2 ruling last month, the justices said the family of late Catron County rancher Richard Manning can pursue a $65 million claim that state agencies effectively took their property by enforcing mining decisions. Other states and the U.S. Attorney General's Office have been monitoring the case because it could set a precedent. Last month's ruling is the first detailed decision on the issue, the Albuquerque Journal reported Monday in a copyright story. The case is based on the Fifth Amendment to the U.S. Constitution, which bars the government from taking private property, either directly or through regulation, without justly compensating the owner. "The court's decision clearly goes against the federal trend of protecting states' sovereign immunity," Walz said. "It creates a new cause of constitutional action which we did not have before." The Pacific Legal Foundation, a Sacramento, Calif., group, filed a brief supporting the Mannings. J. David Breener, an attorney for the foundation, said other states likely will hesitate to make the argument that "we're the state and we're immune to the Constitution." Manning, a leader of a local control movement, had owned a mine and gold and silver ore processing mill on Gila National Forest land outside of Mogollon....Just wish Dick was still here to see the culminaiton of his efforts. He withstood many hardships to make this case possible. He spoke to many groups about the importance of this case, but I'm afraid not too many were really listening. Now we will all benefit from his courageous effort.
Game and Fish Department says mountain lion killed in Badlands A rancher killed a female mountain lion on his Badlands ranch after he found it fighting with his dogs, the state Game and Fish Department said Monday. Randy Kreil, chief of the Game and Fish wildlife division, said Kelly Hanna shot the mountain lion on Sunday. He said the cougar appeared to be a young female weighing about 80 pounds. Game warden Brent Schwan said in a statement that the rancher heard a commotion involving his dogs early Sunday, and found the lion in a tree about 50 yards from his house east of Watford City. The rancher went to get a rifle and came back to find the cougar on the ground in a fight with his dogs, and he then shot the lion, Schwan said. "State law specifically allows the killing of mountain lions to protect individuals or their property. The law also requires the Game and Fish Department must be notified, which the rancher did," the department's statement said....
Roadless debate a great divide It takes a four-hour horseback ride to get to Jeff Mead's favorite hunting grounds below Mamm Peak near Rifle, so the outfitter was understandably dismayed when a gas-exploration company built a road last year right through the remote part of the White River National Forest. "I've lost a lot of clients," Mead said. "Nobody wants to hunt where they're building roads and putting in gas rigs." When EnCana built the road - one that the company subsequently decided not to use, at least for the time being - Mead unwittingly found himself in the middle of a 30-year-old national debate over what kind of protections should be afforded to U.S. Forest Service roadless areas. In Colorado, which claims about 4.4 million acres of roadless areas in national forests, a statewide task force has wrapped up eight months of public hearings and will begin crafting a recommendation to Gov. Bill Owens and the federal government about how to manage land prized for both its natural state and its resource and recreation potential. Allied on one side - arguing to protect as much roadless terrain as possible - are environmental groups, hunters and anglers, backcountry hikers and campers, numerous governments and even a group of Aspen real estate agents. Aligned on the other - seeking no special protection for roadless areas or at least giving the Forest Service the ability to make local decisions based on demand - are users of all-terrain vehicles, utilities, timber interests and the oil-and-gas industry....
Where the Cattle Herds Roam, Ideally in Harmony With Their Neighbors Dale Veseth slowly drives a pickup over dirt tracks studded with small boulders, across a prairie that the word expansive does not begin to describe. The blanket of spring-green grass stretches 40 or 50 miles in every direction, and there is not a tree in sight. Birds are abundant, though. “That’s a long-billed curlew,” Mr. Veseth said, pointing to a large brown bird running along the ground with a long curled beak, “and look, a Western kingbird.” Mr. Veseth raises cattle. But in a sense, he and his neighbors also raise curlews, sage grouse, prairie dogs, black-footed ferrets and other species. They are part of a program run by the Nature Conservancy to create what are called grass banks, which give ranchers rights to graze land beyond their own, in return for commitments to conserve species like the ferrets and curlews on land they already own. Mr. Veseth hopes that by being part of the program he is doing well by doing good, conserving wildlife and assuring the future of his ranch out here on the mixed grass prairie of the Northern Plains. The grass bank is one of several ideas to change the way beef is raised on the Western range. This historic way of life is in trouble. Across the West ranchers are raising buffalo, selling specialty beef and challenging the power of the packinghouses in an effort to make ranching more profitable. The grass bank is an effort to save ranching and the prairie....
Predator proposal draws fire A Forest Service proposal to allow the use of helicopters, four-wheel vehicles and poisoned bait against predators in wilderness areas - a tweaking of existing policy, according to the agency in Washington - is an affront to the meaning of wilderness and the beginning of systematic slaughter of wildlife, say environmental and carnivore-protection groups. "It's a horrible, horrible idea," Wendy Keefover-Ring with Sinapu, a Boulder-based wildlife-advocacy group, said by telephone. "Wilderness is supposed to remain in a pristine state. These proposals take away the authority of the Forest Service to manage it." Cattlemen aren't overly concerned about coyotes and mountain lions, said Wayne Buck, president of the La Plata-Archuleta Cattlemen's Association. What they fear, Buck said, are wolves, which could find their way to Colorado from Wyoming and New Mexico. Peter Orwick, executive director of the American Sheep Industry Association, said the proposed Forest Service revisions would make predator control in wilderness more consistent with how it's carried out elsewhere. "Predator control is key to grazing," Orwick said. "If we don't do it, the losses would be very much higher." Don Fisher, the Forest Service's national wilderness program leader, said by telephone from Washington that the revisions are an effort to reconcile agency policy with a memorandum of understanding with the wildlife-services division of the Animal and Plant Health Inspection Service. The Forest Service and the APHIS are Department of Agriculture agencies. The inter-agency agreement was written in 1993 and renewed in 1998 and 2004. The revisions currently proposed would eliminate a provision requiring case-by-case approval of the regional forester for predator elimination and allow the use of aircraft and motorized vehicles in killing coyotes, mountain lions and bears. The use of pesticides would allow the introduction of poisoned bait in wilderness areas, environmentalists fear....
Northern jaguar migration may require binational cooperation The jaguar is a symbol of Mexican identity, venerated widely from the Maya civilization of the southeastern seaboard to the Huichol culture of the west central mountains. Now, in the past several years, northward migration of the endangered species into the United States has made it a potential emblem of binational conservation. Spottings of the big spotted cat in the northern Mexican states of Chihuahua and Sonora and in their contiguous U.S. states of New Mexico and Arizona have focused attention on the scarcely two-year-old Northern Jaguar Project, its partner Naturalia, and their Los Pavos Jaguar Reserve, the first private conservation preserve in Sonora. This spring, New Mexico Game and Fish authorities announced a report of a jaguar sighted in the state’s southwestern county of Hidalgo. It was only the second time in this century that such an event has been noted, so scientists are seeing if it has anything to do with protection being provided at the refuge located across the international border. They fear recently stepped-up U.S. Border Patrol activities are disturbing the migration. About a month ago, government scientists proposed putting a tracking collar on at least one of the jaguars that appeared in the United States. But environmental groups argue the stress of capture would put the feline’s life at risk. Two out of three captures of jaguars for radio collar study in Sonora resulted in death, in 2002 and 2003....
Jack Ward Thomas: Sustaining forests A new age of forestry is needed in the United States. Recent dramatic declines in forest management have brought some undesirable consequences for forest health and wildlife. Public concerns over retention of biodiversity (such as compliance with the intent of the Endangered Species Act) have thrust concerns for wildlife front and center in forest management debates. Where those debates lead remains to be seen. A total preservationist approach to management — standing back and letting nature take its course — has become increasingly prevalent. While appealing on the surface, this is not tenable in the long-term because it will not protect forests, retain biodiversity and provide some wood products over time. A return to a totally economic-driven forestry is also not viable. Public reaction to past forest management practices, e.g. the visual impacts of clear-cutting, precludes harvesting at "economic maturity" from being the dominant factor in forest management decisions....
New study praised by backers of Rock Creek mine A new study finds cave-ins at the copper and silver mine here are no indication that collapses might occur at a disputed mining project proposed beneath the Cabinet Mountains wilderness. The report released last week is "great news for the environment and for advocates of responsible mining in Montana," said William Orchow, chief executive officer for Revett Minerals Inc., based in Spokane, Wash. The company operates the Troy mine and wants to develop the controversial Rock Creek copper and silver project beneath the Cabinet wilderness. Orchow said the study bolsters protective measures Revett intends to take in developing the Rock Creek mine. Kootenai National Forest officials had concluded Troy provided "an excellent analogy for the proposed Rock Creek mining method and risks of "subsidence," or cave-ins. When one was observed at Troy in May 2005, critics saw it as possible evidence of future problems at Rock Creek. When another cave-in occurred at Troy last March, critics suggested wilderness lakes could end up draining if the Rock Creek mine slumped....
Video game designer creates virtual forests Think of it as a video game for forestry buffs. Tim Holt, a senior research assistant at Oregon State's College of Forestry who also moonlights as a video game designer, is developing a "serious game" allowing scientists to "virtually" explore forests instead of having to travel to the actual locations. Serious games combine video game technology with real-life applications, such as training surgical nurses in simulated operating rooms or allowing firefighters to simulate disaster scenarios in safety. Holt is using data from the Landscape Ecology, Modeling, Mapping and Analysis project (LEMMA). It is a two-year project and is funded by 254,000 dollars in grant money from the Joint Fire Science Program of the Forest Service and the Bureau of Land Management....
Prescribed fires help protect environment Summer thunder and lightning storms are bringing more than just rain and light shows to the sky. The increase in weather activity has started six wildfires in Utah since the first of the month. At least 500 lightning strikes have touched the ground since July 1, resulting in the Jacob, Baboon, Birthday, Ford, Cricket and Springs Fires last week. Hand crews, helicopters, engines and personnel successfully extinguished the fires. However, not all fires in Utah will be put out so quickly. Prescribed and "Wildland Fire Use" fires will be allowed to burn through some areas in the forest. Prescribed fires are planned for certain areas and started by fire crews. A Wildland Fire Use fire is started by lightning, but is allowed to play its natural role in the environment and burn. For example, the Engineer Canyon Wildland Fire Use fire was started June 29, 2006 by lightning and as of Friday, was burning under control in the Huntington Canyon area. Uinta National Forest officials recognize benefits that come from prescribed fires....
Most lodgepole pines likely to die Between 50 and 90 percent of Summit County’s lodgepole pines will probably succumb to the mountain pine beetle epidemic in the next few years, before the bugs eat themselves out of house and home, White River National Forest deputy supervisor Don Carroll said Thursday. The massive scope of the insect infestation was one of the key points repeated frequently during the regular Thursday meeting of the local pine beetle task force. Carroll and others suggested the general public still likely isn’t prepared for the imminent landscape-level changes in the region. The mortality rate cited by Carroll applies not just to Summit County, but to the entire 2.5 million-acre White River National Forest. Those predictions, of course, could be tempered by unpredictable factors, including weather....
Families demand changes for firefighters Karen FitzPatrick's favorite Bible verses still compete for space on her bedroom wall with inspirational quotations and photographs - posing with her prom date, goofy snapshots with family and friends. But a neatly folded flag and a firefighters' boots and helmet serve as a reminder of the fire that raged through a remote canyon in Okanogan National Forest five years ago Monday, killing the 18-year-old and three other trapped firefighters. In the years since the so-called Thirtymile fire, family members of the victims have repeatedly demanded policy changes at the U.S. Forest Service, from increasing training to removing the shroud of secrecy over disciplinary actions. An investigation found that fire bosses had broken all 10 of the agency's standard safety rules and ignored numerous signs of danger on the fire line that day, July 10, 2001. It wasn't the first time such rules had been broken and it wasn't the last - two more firefighters died in similar circumstances in the Cramer fire in remote Idaho in 2003. "The Forest Service is the Wild West. They are not accountable for anything," said Kathie FitzPatrick, Karen's mother, as she stood in the bedroom where the calendar hasn't moved from July 2001. "They can do anything they want. They have immunity."....
U.S. House OKs Park City land transfer A bill approved by the U.S. House of Representatives on Monday would transfer more than 100 acres of federal land to Park City for more open space in the resort town. The bill, introduced by Congressman Rob Bishop, R-Utah, would switch ownership rights on two pieces of land, known as Gambel Oak and White Acre, from the Bureau of Land Management to Park City. Bishop estimates the measure will go before the Senate sometime in September, after Congress returns from its August recess. U.S. Senator Bob Bennett, R-Utah, will be the sponsor. "This bill does three good things," Bishop said. "It helps settle long-term concerns over the future of these lands, it preserves some important open space, and it gives control and access for these lands to those closest to it, the leaders and citizens of the city." Park City previously leased the property from the BLM for recreational purposes, such as hiking and biking. But city officials have been working on obtaining the land for over 20 years. Old mining claims on the property had created confusion, and some people had questioned whether the BLM should oversee land in an urban area....
Deputies break up rave party on BLM land in eastern Nevada Elko County sheriff's deputies say they were outnumbered over the weekend by a rave party on public land near the Utah line. There were 10 of them and 2,500-3,00 of the partygoers. It started with a traffic stop by Utah authorities that turned up a supply of the drug ecstasy and a map to the party zone 10 miles north of West Wendover. Elko County Sheriff Neil Harris said he had one deputy in the area and even with sending additional officers, all that could be done was to break up the party early Sunday. Officers said they passed 150-200 vehicles leaving the area and found another 300 when they arrived, along with a stage and a band....
Cannons both hailed and blasted CENTER - Boom. Followed in four seconds by . . . here it comes now . . . boom. Followed in another four seconds by the whistle and thud of another . . . three thousand, four thousand . . . boom. The concussions signal the start of hail season in the San Luis Valley. The reverberations follow blasts from hail cannons deployed around vegetable fields. The theory is that the vibrations from shock waves aimed into approaching storms will disrupt the formation of hailstones that could devastate the crops. The commercial vegetable grower stirred up bitter feelings this year with its application to renew its state permit to continue operating eight hail cannons. Noise pollution across the vast emptiness of the southern Colorado valley is only one part of the complaint about the hail cannons. More seriously, in a season of worsening drought, ranchers downwind from Southern Colorado Farms believe that the grower's use of sonic cannons to zap potential hail clouds is depriving them of desperately needed rain....
Cowboys finding bulls 'a little weak' Wanted: a bull as big, bad and ornery as the infamous Outlaw. At the 2006 Calgary Stampede, there's talk among cowboys that some bucking beasts they've come up against so far aren't "rank" enough for their liking. In short, none of the bulls at this year's rodeo has stepped up to replace the likes of Outlaw -- a steely-eyed, 816-kilogram brute who died in 2004. "We have the best cowboys in the world and we should have the best bulls in the world," said Scott Schiffner, a Strathmore-based professional bull rider. "I see a lot of bulls (in the rodeo circuit) that aren't here that could be." Indeed, it seems like faint praise when bull rider Greg Potter calls the animals here "good" and "decent." The Texas-based rider says he hasn't seen a rank bull so far, noting many of the riders on Saturday were able to hang on until the whistle. "The bulls were a little weak yesterday," he said of Saturday's roster. "Nothing's been outstanding yet." He added the best bulls may come out in the finals....
Trew: Wind chargers more than just a power source Ralph Bynum of Dumas wrote recalling his family's wind charger that sat on the roof of their home. If they could hear it hum, radio entertainment would be available that night provided by well-charged six-volt car batteries. If no hum, ho hum, go to bed early. While I was living at Perryton, a neighbor's wind charger blade was damaged, became unbalanced and jumped off the roof. Our wind charger stood on a wooden tower about 30 feet high with cross-braces just high enough that little boys couldn't climb this delightful challenge. Grandpa Trew's Wizard Wind Charger stood atop a 20-foot-high tower among some locust trees. The limbs had to be trimmed to allow the breeze to turn the propeller. He kept two six-volt car batteries in a wooden box at the base of the tower for power storage. Like Ralph in Dumas, if the wind blew, we had lights and radio. If not, we lit kerosene lamps, read a book and went to bed early. On Saturdays, we almost prayed for wind in order to hear the "Grand Old Opry" that night. The demise of wind chargers began in 1935 when President Roosevelt created the Rural Electrification Administration to oversee building power lines to rural localities. Funding came in 1936 with small co-ops borrowing cheap interest, long-term money for power-line construction. By the start of World War II in 1941, most rural communities had electrical power available....