PLC COMMENTS ON GRAZING DECISION

Western Watersheds Project v. Kraayenbrink, No. 05-297-E-BLW, Judge Winmill, (D. Id. August 11, 2006) Decision on Motions for Preliminary Injunction.

On July 12, 2006, the Bureau of Land Management (BLM) issued final rules for the administration of grazing. Immediately, the Western Watersheds Project (WWP) and four other environmental groups filed suit in federal district court in Idaho, before Judge Winmill, seeking to enjoin implementation of the regulations because of alleged violations of NEPA, ESA, and FLPMA, among other statutes. WWP’s most important challenges were to BLM’s changes to the amount of public participation, the fundamentals of rangeland health, and to range improvement ownership. The Public Lands Council has intervened in the lawsuit on behalf of the BLM.

The United States and the PLC overwhelmingly succeeded at this very early stage of the litigation. None of the challenged substantive provisions of the regulations were enjoined. These are all in effect. BLM had sought to focus public participation in the new rule to those instances when the participation would have a concrete impact on the resource. WWP cried foul that BLM was seeking to make better use of limited government resources and Judge Winmill responded, saying BLM failed to take a “hard look” under NEPA at the cost rationale for narrowing the amount of participation.

PLC is hopeful that BLM’s public participation provisions in the rule will ultimately be upheld either by Judge Winmill or the Ninth Circuit. Neither WWP nor the court identified a specific legal duty to provide the amount of participation sought by the environmentalists. It is also not clear how searching an inquiry a federal agency must make under NEPA in disclosing the impacts of a non-environmental concern, such as public participation. In the worst case, BLM would have to go back and prepare a further disclosure of the cost rationale for narrowing the amount of public participation in grazing administration.

At this time, the government is digesting the decision and considering its options for the next phase of the litigation. PLC congratulates the United States and our attorney Bill Thomas, for this excellent result.