Wednesday, September 05, 2012

‘Sagebrush rebellion’ case overturned

America’s sagebrush rebellion has suffered a major setback far from the western rangeland where a modern battle was joined over grazing rights on public lands. Over the past 21 years, firebrand Nevada rancher Wayne Hage and his survivors waged a legal war against federal land managers who were seeking to restrict cattle grazing on public lands and became a heroic symbol for those who yearned for bygone days and bridled at the growing reach of government. Then in a little noticed decision on July 26, a three-judge panel of the Federal Circuit Court of Appeals in Washington, D.C., overturned Hage’s hard-fought multi-million-dollar legal victories. But Margaret Byfield, Hage’s daughter, said from her home in Georgetown, Texas, that the family has until Sept. 10 to file for a rehearing and they plan to do it. “We are not surprised by this decision. Sitting through the appellate court hearings, we could tell which way the judges were headed,” she said. “There was a lack of understanding of western law and how the western lands function.” Bureau of Land Management Nevada spokeswoman JoLynn Worley said the office could not comment on the ruling because of a related, ongoing trespassing case involving the Hage family. In the separate but related proceeding, a district court judge in Reno, Nev. on Friday indicated the Hage family and others are not guilty of trespassing on public lands, and that he intends to find federal rangers in contempt for issuing trespass notices while his court was still deciding the case...more

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