Wednesday, October 15, 2014

Groups say Idaho grazing decision will translate to other states

Most of U.S. District Judge B. Lynn Winmill's 21-page decision late last month involved his ruling that the agency violated environmental laws in issuing permits on four grazing allotments in south-central Idaho, considered test cases for about 600 other permits. But he used three pages near the end of his decision to rule on a separate matter that the agency incorrectly used a congressional budget rider to issue additional grazing permits in south-central Idaho with no environmental analysis at all. "This is a clear shot across the bow of the BLM," said Todd Tucci, an attorney for Advocates for the West that represented Western Watersheds Project in the lawsuit. "I will bring this argument to any federal court in the country and feel very comfortable about my likelihood of success." Ken Cole of Western Watersheds Project said the BLM has used the rider to issue hundreds of grazing permits across the West. Winmill's decision only pertains to Idaho, but conservation groups in other states are viewing the winning lawsuit as a possible template. "This is a legal victory that is certainly going to get a lot of scrutiny from environmental groups moving forward," said Erik Molvar of WildEarth Guardians. Idaho BLM spokeswoman Jessica Gardetto said the agency would do the environmental assessments on the four allotments as instructed by Winmill. But attorneys with the BLM said that because the ruling didn't address the other 600 permits, there was no final judgment. Lawmakers in 2003 through a congressional budget rider gave the BLM permission to approve grazing permit requests without conducting a National Environmental Policy Act review when the agency lacked sufficient resources. In 2008, the federal court rejected the BLM's argument that the rider allowed the agency to renew grazing permits without adhering to the Federal Land Policy and Management Act. In the most recent case, the BLM argued the rider allowed permits to be renewed while delaying environmental reviews to a later date. Winmill ruled that reasoning applies to the National Environmental Policy Act, but not the Federal Land Policy and Management Act, which he said must be completed before renewals...more

Read more here: http://www.idahostatesman.com/2014/10/12/3423930_environmental-groups-eye-idaho.html?sp=/99/1687/&rh=1#storylink=cpy

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