The misdemeanor charges filed against the second round of Oregon standoff defendants will be tried before a judge.
Because the charges of trespass, tampering with vehicles or equipment and destruction of property are Class B misdemeanors and considered petty offenses, the defendants don't have a right to a jury trial, U.S. District Judge Anna J. Brown ruled.
The judge also cited the "significant uncertainty in the law'' as to whether she has discretion to allow a jury trial for such offenses.
"Simply put, the Court declines to exercise discretion to take an action when it is not at all clear that the Court has such discretion in the first place,'' Brown wrote in her ruling Thursday. "The Court notes Congress explicitly intended the trial of petty offenses to be tried to the court, and expressly permitted magistrate judges to conduct such trials in order to facilitate their efficient resolution without the process associated with a jury trial,'' Brown wrote. Brown said she plans to hear evidence on the misdemeanor charges filed against the seven as a jury hears evidence on their felony conspiracy and weapons charges. If there's additional evidence on the misdemeanor charges, the judge will hear it while the jury deliberates on the felonies, Brown said.
Defense lawyers have indicated that they'd ask a federal magistrate judge instead to hear the misdemeanor charges because that's the typical procedure for such offenses, said attorney Jesse Merrithew, who represents Jake Ryan.
Brown suggested that would be a waste of resources. Defendants and their lawyers were dismayed by the ruling.
Andrew Kohlmetz, standby lawyer for defendant Jason Patrick, said, "It's very important for Mr. Patrick to have a jury of his peers make those decisions. He's frankly not happy.''
Matthew McHenry, who represents defendant Sean Anderson, argued in court papers that a jury verdict that "reflects the judgment of the public and the defendants' peers'' would provide a "more satisfactory and acceptable resolution'' to defendants and the public...more
Is the government's real intent to facilitate "efficient resolution", or is to avoid a jury of local citizens?
Mathew McHenry, one of the defense attorneys, thinks it its the latter:
"Finally, the defendants believe the government's strong desire for a
bench trial stems in large part from the jury acquittals in the first
trial. The government should not be aided by this Court as it attempts
to take this case out of the hands of a jury of the defendants' peers,''
McHenry wrote.
In another ruling on the same day, Judge Brown said she would not allow evidence of the acquittals to be presented in the second trial:
"Admitting evidence related to the verdicts following the September 7,
2016, trial would be confusing and necessarily would require the jury to
consider (and likely to guess) which evidence or aspect of the
government's case the jury in the prior trial found insufficient," Brown
wrote.
These average citizens would be "confused" and might start "guessing" about the evidence, so we'll not let these ignorant Oregon hicks have a say. No, we'll let the all-knowing, august court, where you can't wear cowboy boots and they tackle and taser defense attorneys, be the final arbiter. Only then can justice be done.
Bottome line: The federal prosecutors requested two things from the judge and they got both of them.
Issues of concern to people who live in the west: property rights, water rights, endangered species, livestock grazing, energy production, wilderness and western agriculture. Plus a few items on western history, western literature and the sport of rodeo... Frank DuBois served as the NM Secretary of Agriculture from 1988 to 2003. DuBois is a former legislative assistant to a U.S. Senator, a Deputy Assistant Secretary of Interior, and is the founder of the DuBois Rodeo Scholarship.
Saturday, January 28, 2017
Hundreds Expected At Meeting In Oregon 1 Year After LaVoy Finicum's Death
Hundreds of people are expected in John Day Saturday for an event organized by the widow of LaVoy Finicum.
A year ago, Finicum was killed by law enforcement during the Malheur National Wildlife Refuge occupation. A police investigation last year found the shooting was justified.
Jeanette Finicum says she organized the event independent of the families of Ammon and Ryan Bundy, who led last year’s occupation.
“This isn’t a Bundy event," she said. "This is an event that our family — the Finicum family — wanted to put on because we wanted to further the education of property rights and to discuss the constitution and learn more about state sovereignty.”
Members of the Bundy family will still attend, and many of their supporters will speak at the event.
The event is titled "The Meeting With LaVoy Finicum That Never Happened In Oregon." Finicum, the Bundys and several others were on their way to speak at a public meeting in John Day a year ago when Finicum was shot and the others were arrested...more
The Endangered Species Act: Uncertainty under Trump
By Cassandra Carmichael
Praising Nixon - quoting Reagan - invoking the Bible - they'll do whatever it takes to protect the most powerful weapon in the environmental arsenal. And that weapon, the ESA, takes direct aim at the market economy, individual property owners and most of the rural West. Folks are simply acting in self defense, and rightly so.
Environmental preservation is an issue that has enjoyed bountiful
support across all religions and party lines for more than a century,
which is why it’s troubling to see today’s leaders using the Endangered
Species Act -- a bill championed by Republican President Richard Nixon
meant to protect endangered species and their habitats -- as a political
football. The previous Congress introduced over
250 amendments, bills, and riders aimed at stripping away provisions of
the ESA, such as provisions that would limit lawsuits as a means to
maintain protections for species or limit the number of species that can
be protected. With the GOP firmly in control of both the House and
Senate, it is likely these efforts will be renewed in earnest, and have a
much better chance of succeeding. But these direct attacks on the ESA
are not the only threat to our wildlife.
...As head of DOI, Rep. Zinke would oversee a department that manages
hundreds of millions of acres of land, numerous bodies of water, and the
countless species of wildlife that inhabit them. He’ll also be
responsible for leading the U.S. Fish and Wildlife Service in developing
policies in line with the ESA - a law that he has a history of seeking
to dismantle. During his short time in Congress, he has championed
expanded oil and gas development on public lands, and moved to exempt
agribusiness from ESA regulations.
Most disturbingly, he has led efforts on the federal level to take away
protections for some of our majestic species, including wolves and lynx,
and voted to block efforts that would have limited the black market
ivory trade. He is inheriting a role designed to protect America’s
public lands; yet, based on his past efforts to take away protections
for endangered species, how can we trust Zinke to stand up to his
Republican counterparts as they try to phase out the Endangered Species
Act?
...The Bible tells us the story of Noah who was called on by God to build
an ark for all species, big and small. The Endangered Species Act is
today’s ark. Once again, we must prioritize saving each and every
species before disaster strikes and opportunity is lost. This is, in the
words of President Reagan, “our great moral responsibility.”
The National Religious Partnership for the Environment’s mission is to
educate the public and policy-makers about with it means to uphold this
responsibility in our daily lives, and how we can value the importance
of every species present on this Earth. To this end, last month on
Capitol Hill, we hosted the fourth in a series of roundtables and events
on species protection featuring science and faith leaders -- and in
some instances, endangered animals themselves.
Friday, January 27, 2017
Trump is eager to undo sacred tribal monument, says Orrin Hatch
President Trump is "eager to work with" Republican lawmakers on undoing new federal protections for Bears Ears, a sacred tribal site in Utah, according to Sen. Orrin Hatch, R-Utah.
Former president Barack Obama designated the 1.35 million-acre area, which includes artifacts and rock drawings from ancestral Pueblos, as a national monument in late December. But Hatch and several other key Utah Republicans, including House Natural Resources Committee Chairman Rob Bishop and Rep. Jason Chaffetz, have argued for months that Obama should not have invoked his authority under the 1906 Antiquities Act to protect the site.
Hatch, who met with Trump Thursday, said Friday that he had spoken with Trump "and one of the issues I raised very strongly was Bears Ears." In a statement, he noted the president's interior secretary nominee, Rep. Ryan Zinke, R-Mont., has already pledged "that his first trip after confirmation would be to Utah to get right to work with us on addressing this travesty."
"As secretary of the Interior, Zinke will play a key role in this fight, but in the end, changes to a national monument have to come from the president himself," Hatch said. "That's why I raised it with the president directly."
The senator continued: "And not only is he willing to listen, he's eager to work with me to address this."
Bishop and Chaffetz have also been pressing the issue with the administration, including before Trump actually took office...more
Court hearing held about wolf release program in NM
A battle over how to save endangered wolves in the Southwest moved to a federal appeals court last week as judges heard arguments on whether states can block the federal government from reintroducing wildlife within their borders.
The Interior Department is asking the Denver-based 10th Circuit Court of Appeals to overturn a preliminary injunction that bars the department from releasing more captive-bred Mexican gray wolves into the wild in New Mexico without that state’s approval.
It’s the latest skirmish in the federal government’s long and troubled effort to restore the rare wolves to part of their original range under the Endangered Species Act. It comes as the future of the law is in question, with Congress and the White House in the control of Republicans who generally see it as an impediment to jobs and economic development.
New Mexico has multiple complaints about the Mexican gray wolf program, and in 2015 it refused to issue a permit to the U.S. Fish and Wildlife Service — part of the Interior Department — to release more of the predators in the state. New Mexico also announced it might sue the agency.
The Socorro County Board of Commissioners also passed an ordinance last year forbidding the release of wolves and other predators within the county.
Fish and Wildlife decided to release more wolves anyway, citing an urgent need to expand the wild population to prevent inbreeding. New Mexico officials went to court, and a federal judge in New Mexico issued an order last year blocking further releases while the dispute is resolved.
The Interior Department appealed to the 10th Circuit. Appeals court judges generally take weeks or months to issue a ruling after hearing oral arguments.
Even if the court sides with the government, it’s not clear whether president-elect Donald Trump’s administration will continue to fight after he takes office. U.S. Congressman Steve Pearce, who represents Socorro and Catron counties where the wolves could be released, has sided with the state and local governments on the issue...more
Finicum family, Bureau of Land Management still tangling a year after fatal standoff
by Valery Richardson
Ten months after her husband was killed in a standoff with the federal government, Jeanette Finicum was driving her cattle to their winter range in Northern Arizona when she received a message from the Bureau of Land Management: Keep off. She was told she could not pasture her cows on the grazing allotment she inherited upon the death of her husband, Robert “LaVoy” Finicum, even though she had turned in her application and written a check for fees and fines before making the 50-mile trek. “We were in the middle of the cattle drive [in October] when we got word that they were not accepting my check,” said Ms. Finicum. “I had to stop because my attorneys didn’t want me to be out of compliance, and I had to find somewhere else to put my cows.” She was stunned. “Here I am, in the middle of the desert with 150 cows, going, ‘Where am I going to go?’” she said. Ms. Finicum, 56, was able to move her cattle to her sister-in-law’s pasture, but she still has a problem on her hands. She fears the directive may be more than a bureaucratic snafu, that federal officials want to wrest her grazing rights in order to discourage other ranchers from challenging land-management policies, as her husband did. “I believe it’s because of his stand and because of what happened in Oregon,” Ms. Finicum said, referring to the armed takeover of a federal wildlife reserve. “They want to make an example out of him. They want to make sure people don’t do this again by taking my ranch away from me. It’s like, ‘Here’s what will happen to you if you don’t behave.’” J. Morgan Philpot, one of the Bundy attorneys, is aiding Ms. Finicum in her fight to keep her winter range, known as the Tuckup Allotment, a pasture used by ranchers for more than 100 years that her husband purchased the rights to from the previous owner in 2009. Mr. Philpot said she should inherit the allotment rights under Arizona and federal law, “but for some reason the BLM has made a choice to obfuscate and avoid rather than working with Jeanette to ensure that her permit remains in effect.”...more
Ten months after her husband was killed in a standoff with the federal government, Jeanette Finicum was driving her cattle to their winter range in Northern Arizona when she received a message from the Bureau of Land Management: Keep off. She was told she could not pasture her cows on the grazing allotment she inherited upon the death of her husband, Robert “LaVoy” Finicum, even though she had turned in her application and written a check for fees and fines before making the 50-mile trek. “We were in the middle of the cattle drive [in October] when we got word that they were not accepting my check,” said Ms. Finicum. “I had to stop because my attorneys didn’t want me to be out of compliance, and I had to find somewhere else to put my cows.” She was stunned. “Here I am, in the middle of the desert with 150 cows, going, ‘Where am I going to go?’” she said. Ms. Finicum, 56, was able to move her cattle to her sister-in-law’s pasture, but she still has a problem on her hands. She fears the directive may be more than a bureaucratic snafu, that federal officials want to wrest her grazing rights in order to discourage other ranchers from challenging land-management policies, as her husband did. “I believe it’s because of his stand and because of what happened in Oregon,” Ms. Finicum said, referring to the armed takeover of a federal wildlife reserve. “They want to make an example out of him. They want to make sure people don’t do this again by taking my ranch away from me. It’s like, ‘Here’s what will happen to you if you don’t behave.’” J. Morgan Philpot, one of the Bundy attorneys, is aiding Ms. Finicum in her fight to keep her winter range, known as the Tuckup Allotment, a pasture used by ranchers for more than 100 years that her husband purchased the rights to from the previous owner in 2009. Mr. Philpot said she should inherit the allotment rights under Arizona and federal law, “but for some reason the BLM has made a choice to obfuscate and avoid rather than working with Jeanette to ensure that her permit remains in effect.”...more
Federal judge considers NM ranchers' discrimination case
An attorney representing Hispanic ranchers told a federal judge Thursday that the U.S. Forest Service violated the law when deciding to limit grazing on historic land grants despite recognition decades ago by the government that the descendants of Spanish colonists have a unique relationship with the land that is integral to their heritage and traditional values.
Simeon Herskovitz argued that the agency failed to consider the social, economic and cultural effects that would result from limiting grazing in a region where poverty is high and the fragile existence of the rural communities there depends on access to surrounding lands.
He accused forest managers of making "naked assumptions" without collecting or reviewing any data to support their position.
Herskovitz laid out his arguments during a daylong hearing before U.S. District Judge James Browning in case that has been stewing for years. Browning expects to issue a ruling next month.
The ranchers filed their lawsuit in 2012. It chronicles a history in which they claim the property rights of Hispanics have been ignored and an institutional bias has been allowed to continue.
Efforts to get the Obama administration to address discrimination and civil rights violations repeatedly went unanswered in recent years, and many of the plaintiffs see the court case as a way to validate their concerns. "The demographics of the area and the poverty have been recognized, but the Forest Service didn't consider any of that. They ignored all those factors," said Dave Sanchez, a New Mexico rancher and member of the Northern New Mexico Stockmen's Association. In motions filed over the years, the ranchers point to a 1972 policy that emerged following the raid of the Tierra Amarilla Courthouse in 1967 over unresolved land grant issues. That policy noted the relationship Hispanic residents of northern New Mexico had with the land and declared their culture a resource that must be recognized when setting agency objectives and policies.
Carlos Salazar with the stockmen's association said that policy and a more recent report highlighting civil rights violations against Latino ranchers in New Mexico and Colorado show the agency isn't following through with its own directives.
"If the Forest Service was such a good neighbor, we wouldn't be standing here," he said outside the courtroom...more
Information lockdown hits Trump’s federal agencies
Federal agencies are clamping down on public information and social media in the early days of Donald Trump's presidency, limiting employees’ ability to issue news releases, tweet, make policy pronouncements or otherwise communicate with the outside world, according to memos and sources from multiple agencies.
The steps to mute federal employees — seen to varying degrees in the Environmental Protection Agency and the departments of the Interior, Transportation, Agriculture and Health and Human Services — are sparking early fears of a broader crackdown across the government, as Trump vows to pursue an agenda sharply at odds with his predecessor.
Amid a public outcry, several agencies began distancing themselves late Tuesday and Wednesday from their earlier efforts to limit communication. New administrations have long sought to control the message coming out
of federal agencies. But watchdog groups worry about what restrictions
the Trump administration may yet impose on federal workers, who are already reeling
from the president’s decision Monday to freeze most hiring, as well as a
move in Congress to allow lawmakers to impose draconian salary cuts for
individual employees...more
Federal hiring freeze hits Western land agencies
by Anna V. Smith
President Donald Trump announced a freeze on all federal hiring on Monday, eliminating any vacant positions and prohibiting the creation of new positions as of noon on Jan. 22. The presidential memorandum will affect all federal agencies except the military, and includes land management employees. It follows on the heels of another announcement that U.S. Department of Agriculture and Environmental Protection Agency grants and contracts will be frozen. The memorandum did not make allowances for seasonal hires, a necessity for agencies like the National Park Service and Forest Service, which hire thousands of short-term rangers and other employees nationwide during the summer months. In an interview with the Missoulian, Melissa Baumann, council president of the National Federation of Federal Employees, said she did not know how this would impact the hiring of wildland firefighters. According to Baumann, the Forest Service hired 11,000 seasonal workers in 2015, many of them to fight the Western wildfires that break out between June and September. According to National Parks Traveler, the National Park Service is going ahead with identifying potential new seasonal hires in hopes that a waiver will be granted for some workers. A representative for the Forest Service said, “The U.S. Forest Service is waiting for further clarification and direction from the Office of Personnel Management related to the hiring freeze. We cannot speculate on the impact of the hiring freeze.” The freeze comes at a time when the National Park Service, the Forest Service, National Wildlife Refuge System and Bureau of Land Management are seeing an increase in public use of the millions of acres they manage, and are struggling to keep up...more
President Donald Trump announced a freeze on all federal hiring on Monday, eliminating any vacant positions and prohibiting the creation of new positions as of noon on Jan. 22. The presidential memorandum will affect all federal agencies except the military, and includes land management employees. It follows on the heels of another announcement that U.S. Department of Agriculture and Environmental Protection Agency grants and contracts will be frozen. The memorandum did not make allowances for seasonal hires, a necessity for agencies like the National Park Service and Forest Service, which hire thousands of short-term rangers and other employees nationwide during the summer months. In an interview with the Missoulian, Melissa Baumann, council president of the National Federation of Federal Employees, said she did not know how this would impact the hiring of wildland firefighters. According to Baumann, the Forest Service hired 11,000 seasonal workers in 2015, many of them to fight the Western wildfires that break out between June and September. According to National Parks Traveler, the National Park Service is going ahead with identifying potential new seasonal hires in hopes that a waiver will be granted for some workers. A representative for the Forest Service said, “The U.S. Forest Service is waiting for further clarification and direction from the Office of Personnel Management related to the hiring freeze. We cannot speculate on the impact of the hiring freeze.” The freeze comes at a time when the National Park Service, the Forest Service, National Wildlife Refuge System and Bureau of Land Management are seeing an increase in public use of the millions of acres they manage, and are struggling to keep up...more
Federal hiring freeze hits Forest Service jobs
Earlier this month the Shasta-Trinity National Forest was plowing ahead to fill dozens of jobs at the federal agency, holding a job fair and posting openings online.
The application period closed just this week for 68 openings — not including temporary firefighting jobs — that were advertised online. The list included such jobs as forestry technicians, archaeology technicians and range technicians.
But President Donald Trump issued an order this week that freezes hiring at all federal agencies, bringing new employment activities at the Shasta-Trinity to a halt, including seasonal firefighter jobs.
The Shasta-Trinity job applications will continue to be processed during the hiring freeze, said Josef Orosz, a spokesman for the National Forest. He characterized the hiring process as being paused and expected the freeze to be lifted.
“The applications are still in the system. We don’t go out and zero out everything,” Orosz said. “This is nothing new. Every president that comes in does this.”
And every president has also lifted hiring freezes, he said. While the U.S. Forest Service has included firefighting jobs among those included in the hiring freeze, other federal agencies have not.
Jim Milestone, superintendent at Whiskeytown National Recreation Area, said public safety positions, such as firefighters, law enforcement, sewer plant operators and lifeguards are excluded from the hiring freeze...more
Over The River's temporary use permit relinquished after Christo announcement
After Christo's announcement that he was canceling his Over The River temporary work of art project Wednesday, Fremont County received email notification from the Over The River Corp. relinquishing a Temporary Use Permit issued in 2011.
Christo said in a statement that after 20 years and going through five years of legal arguments, he no longer wished to "wait on the outcome" and would rather devote his energy, time and resources into the realization of The Mastaba, Project for Abu Dhabi, United Arab Emirates, which he and his late wife Jeanne-Claude conceived 40 years ago.
The only remaining case pending for Over The River is one that was issued in 2015 by Rags Over the Arkansas River against the Bureau of Land Management's 2011 approval of the project.
Christo was quoted in a New York Times article, also released Wednesday, as saying the pleasure is gone from OTR "because of the nature of the new administration," referring to the recent inauguration of President Donald Trump.
"I am not excited about the project anymore," Christo said. "Why should I spend more money on something I don't want to do?"...more
Ranch Radio Song Of The Day #1769
Our tune today is Eddy Arnold's 1948 recording of Just A Little Lovin'.
https://youtu.be/NSsdF86NH1s
https://youtu.be/NSsdF86NH1s
Thursday, January 26, 2017
Conservation groups buck against Noel’s bid for BLM director
Kane County’s own Mike Noel has been publicly campaigning for the position of director of the Bureau of Land Management, but a group of conservation advocates and outdoor recreation businesses are urging President Donald Trump’s administration to look elsewhere.
The outspoken Republican legislator and backer of the state’s efforts to wrestle away control of the vast federal public lands within Utah’s borders has earned the support of many of Utah’s political leaders, but his years of conflicts with conservation groups and others worried about his ability to protect the natural resources entrusted to the BLM.
In a letter sent to Vice President Mike Pence and Interior Department Secretary nominee Ryan Zinke, the Alliance for a Better Utah writes:
Over the years, Rep. Noel has espoused positions antithetical to leading the BLM. He has been a staunch opponent of the federal government. He believes law enforcement on federal public lands should rest with local sheriffs, and he has been an ardent advocate for Utah’s multi-million dollar lawsuits seeking to have ill-prepared state governments, like Utah’s, take title to federal public lands that belong to all Americans. Rep. Noel has also demonstrated his disregard for the thoughtfully and collaboratively crafted management plans of the Bureau he hopes to direct, instead throwing his support behind illegal protests on BLM land and the extraction companies that hope to expand their activities on public lands...
We are also alarmed by Rep. Noel’s temperament and management style, something we believe should be considered when deciding who should hold this important position...
The BLM director is a Presidential appointment, but I can't imagine Trump appointing anyone who is not fully approved by the Secretary, and I find it hard to believe Zinke would support someone committed to the transfer of federal lands.
Over the years, Rep. Noel has espoused positions antithetical to leading the BLM. He has been a staunch opponent of the federal government. He believes law enforcement on federal public lands should rest with local sheriffs, and he has been an ardent advocate for Utah’s multi-million dollar lawsuits seeking to have ill-prepared state governments, like Utah’s, take title to federal public lands that belong to all Americans. Rep. Noel has also demonstrated his disregard for the thoughtfully and collaboratively crafted management plans of the Bureau he hopes to direct, instead throwing his support behind illegal protests on BLM land and the extraction companies that hope to expand their activities on public lands...
We are also alarmed by Rep. Noel’s temperament and management style, something we believe should be considered when deciding who should hold this important position...
The BLM director is a Presidential appointment, but I can't imagine Trump appointing anyone who is not fully approved by the Secretary, and I find it hard to believe Zinke would support someone committed to the transfer of federal lands.
Prosecutors seek to restrict defense at upcoming Bundy trial in Las Vegas
By JENNY WILSON
LAS VEGAS REVIEW-JOURNAL
Anticipating a battle in the upcoming trial against six associates of rancher Cliven Bundy, federal prosecutors this week asked a judge to prohibit defense attorneys from referencing a wide range of material that is central to defense strategy in the case. The six men scheduled to stand trial next month are considered the least culpable of the 18 charged in what authorities call a “massive, unprecedented assault on law enforcement officers” who in 2014 tried to remove Bundy’s cattle from public land in Bunkerville following a decades-long dispute over grazing fees. The antagonistic rancher rallied armed supporters, and a high-stakes standoff ensued. The six requests in the sweeping motion filed late Tuesday include one asking that defense attorneys be prohibited from arguing that the federal government does not or should not own the land from which Bureau of Land Management agents tried to seize cattle. That includes mentions of ownership of the Gold Butte range and its recent designation as a national monument. Some defendants charged in the 16-count indictment have, through court filings, framed the case as a referendum on the reach of federal power. Defense attorneys have referenced land treaties that predate Nevada’s admission into the Union to boost their arguments that the federal government lacked the authority to carry out impoundment operations. The government’s motion similarly requests a blanket ban on arguments that “‘natural law’ or other authority permits the use of force against law enforcement officers,” as well as opinions that federal agents are “improperly and excessively armed.” Citing fears of engendering sympathy from jurors, the government also asked the court to block references to “supposed mistreatment of cattle” during impoundment operations. The government accuses Bundy of mistreating his cattle; the Bundy family has countered that some cattle were shot and others died of dehydration during the roundup...more
LAS VEGAS REVIEW-JOURNAL
Anticipating a battle in the upcoming trial against six associates of rancher Cliven Bundy, federal prosecutors this week asked a judge to prohibit defense attorneys from referencing a wide range of material that is central to defense strategy in the case. The six men scheduled to stand trial next month are considered the least culpable of the 18 charged in what authorities call a “massive, unprecedented assault on law enforcement officers” who in 2014 tried to remove Bundy’s cattle from public land in Bunkerville following a decades-long dispute over grazing fees. The antagonistic rancher rallied armed supporters, and a high-stakes standoff ensued. The six requests in the sweeping motion filed late Tuesday include one asking that defense attorneys be prohibited from arguing that the federal government does not or should not own the land from which Bureau of Land Management agents tried to seize cattle. That includes mentions of ownership of the Gold Butte range and its recent designation as a national monument. Some defendants charged in the 16-count indictment have, through court filings, framed the case as a referendum on the reach of federal power. Defense attorneys have referenced land treaties that predate Nevada’s admission into the Union to boost their arguments that the federal government lacked the authority to carry out impoundment operations. The government’s motion similarly requests a blanket ban on arguments that “‘natural law’ or other authority permits the use of force against law enforcement officers,” as well as opinions that federal agents are “improperly and excessively armed.” Citing fears of engendering sympathy from jurors, the government also asked the court to block references to “supposed mistreatment of cattle” during impoundment operations. The government accuses Bundy of mistreating his cattle; the Bundy family has countered that some cattle were shot and others died of dehydration during the roundup...more
Robert 'LaVoy' Finicum's widow returns to Oregon a year after he was shot
A year ago, Jeanette Finicum was watching her daughter's basketball game at Fredonia High School when she overheard something about a shooting in Oregon.
She had just returned to Arizona from a weekend visit with her husband at the Malheur National Wildlife Refuge, where Robert "LaVoy" Finicum had become the spokesman for the armed takeover.
She grabbed her cellphone, dialed her husband's number but didn't get an answer. A short time later, she got a call from Lisa Bundy, the wife of refuge occupation leader Ammon Bundy.
"She told me LaVoy had been killed,'' Jeanette Finicum recalled this week. "It was horrific. They stopped the game. His mother and father and brother, my daughter were all there.'' Jeanette Finicum has returned to Oregon this week to gather supporters in John Day - the city where her husband was headed to speak at a town hall about the refuge seizure and the protest against federal control of public land when he died.
Saturday's meeting comes as questions remain a year later about the FBI's role in the confrontation. Jeanette Finicum said she intends to file a wrongful death lawsuit. In a notice of her intention to sue the Oregon State Police, FBI and other law enforcement agencies, she alleges negligence and violation of her husband's civil rights.
"I don't know if they'll hold anyone accountable unless we pursue that,'' she said...more
Why the Latest War on Wolves? Three Reasons You May Not Know
by
Leda Huta
Second, wolves aren’t just seen as one cog in the wheel of nature. They’re seen as a symbol of the federal government. Since wolves were reintroduced by U.S. Fish and Wildlife Service into Yellowstone and managed by FWS in other regions, they’re deeply associated with “the feds” and deeply despised by those who hate all things federal.
Third is mythology. Wolves are smart, family-oriented, and communicative. Their personalities are clear...
But we treat wolves differently than all other species. It isn’t about science. It’s about the mythology—the stories we tell ourselves. As children, we read Little Red Riding Hood. And we haven’t let go of our childhood fears...
This boils down to:
---You and your livestock are statistically insignificant, so you must succumb to a predator
---State agencies' only motive is to protect their budget and hunters want no competition from the wolf when it comes to killing wildlife, and
---Any opposition to the wolf is childish and caused by your inability to mature beyond a fairy tale
That first one bothers me the most. Our whole political system was based on the individual and individual rights. Each individual carries those rights, not just those who are statistically significant. Those systems who thought otherwise have wrought many historical horrors, and that's no fairy tale.
...Back to the question: why this unrelenting war on wolves?
Some believe
that ranchers and wolves can’t coexist. And yes there are individual
ranchers and ranching groups that oppose wolves. But the truth is that
only a fraction of one percent of cattle are killed by wolves. Things like weather and disease are the real dangers. Ranchers from Michigan to Idaho who follow best practices for ranching in wolf country have few conflicts with wolves.
So what is really going on here?
For starters,
state fish and wildlife agencies have historically received the bulk of
their funding from hunting and fishing license sales, as well as
ammunition tax revenue. So hunters often have an outsize influence on
the agency decisionmaking (so much so that, in many parts of the
country, these agencies are called fish and game—not wildlife)...Second, wolves aren’t just seen as one cog in the wheel of nature. They’re seen as a symbol of the federal government. Since wolves were reintroduced by U.S. Fish and Wildlife Service into Yellowstone and managed by FWS in other regions, they’re deeply associated with “the feds” and deeply despised by those who hate all things federal.
Third is mythology. Wolves are smart, family-oriented, and communicative. Their personalities are clear...
But we treat wolves differently than all other species. It isn’t about science. It’s about the mythology—the stories we tell ourselves. As children, we read Little Red Riding Hood. And we haven’t let go of our childhood fears...
---You and your livestock are statistically insignificant, so you must succumb to a predator
---State agencies' only motive is to protect their budget and hunters want no competition from the wolf when it comes to killing wildlife, and
---Any opposition to the wolf is childish and caused by your inability to mature beyond a fairy tale
That first one bothers me the most. Our whole political system was based on the individual and individual rights. Each individual carries those rights, not just those who are statistically significant. Those systems who thought otherwise have wrought many historical horrors, and that's no fairy tale.
Committee schedules Zinke nomination vote
The Senate Energy and Natural Resources Committee has rescheduled a confirmation hearing on Congressman Ryan Zinke, President Donald Trump’s nomination for secretary of the Interior, and Rick Perry, the energy secretary nominee.
The business meeting is set for 9:30 Tuesday in the Senate Office Building in Washington, D.C.
The hearing was announced Wednesday.
On Monday, U.S. Sen. Lisa Murkowski, R-Alaska, chairwoman of the committee, and Maria Cantwell, D-Wash., the committee’s ranking Democrat, announced the postponement of a Tuesday business meeting until further notice. A vote on Zinke’s and Perry’s confirmation were scheduled.
Later, Murkowski’s office said the hearing was postponed due to a miscommunication between her and Cantwell...more
Mystery solved - American farmers feed cows defective Skittles
American farmers have secretly been feeding their cows defective Skittles to avoid paying for corn.
That discovery was made public after a truck deposited hundreds of thousands of Skittles onto a rural road. All of them were in one colour and without the trademark "S" on them and, after they were found, the police were forced to ask highway cleaners to get rid of them.
Unknown to many, the practice has been going on for years, according to experts. Not only are Skittles cheaper than corn – especially when bought for a lower price because they are defective – they could even provide other benefits over traditional feed.
As well as clearing up the mystery of why so many skittles appeared on the road, the crash has helped shed light on feeding practices that had until now had only been known by farmers. The practice is healthy and might even be more environmentally friendly, according to those who use it.
Joseph Watson, owner of United Livestock Commodities, told LiveScience in 2012 that feeding cows sweets "actually has a higher ratio of fat [than] actually feeding them straight corn", and that it has "all the right nutrition". And John Waller, a professor of animal nutrition at the University of Tennessee, told the site that it was likely to be more green because it keeps "fat material" from simply going into landfill. Officials said that the crash had actually proven useful because the roads had been icy for days and the skittles provided extra traction for vehicles...more
Wednesday, January 25, 2017
Greenpeace activists hang ‘RESIST’ banner from crane to protest Trump
Greenpeace activists hung a large banner reading “RESIST” from a 270-foot construction crane in downtown Washington, D.C., on Wednesday morning to protest President Donald Trump. “It is a message to this administration,” Nancy Pili Hernandez, a Greenpeace activist based in San Francisco, said on a Facebook livestream as she hung from the crane with safety harnesses. “But more than that, this is a hand-painted love letter to you. This is a message to the people.” Environmental groups have sharply criticized several steps Trump has taken during his first days in office, including signing executive orders that revive plans to build the Keystone XL and Dakota Access oil pipelines. Greenpeace confirmed in a statement that seven activists climbed the crane and hung the 70-foot by 35-foot banner, which is visible from the White House. As of 12:45 p.m. EDT, they were still perched on the crane. There should be an embedded item here. Please visit the original post to view it. The protest disrupted traffic around 15th and L streets Northwest, where the crane is located, the Washington Post reported. It is part of a construction site where new Fannie Mae offices are being built...more
Cattle market beginning to bounce back
by Jerry Lackey
The cattle market is showing signs of recovery from 2016 lows when prices fell below a dollar per pound. In turn I overheard a couple ranchers in the coffee shop talking about rounding up calves they have been holding and sending them to town. “It’s amazing the value of cattle now versus 18 months ago,” said Jason Cleere, beef cattle specialist at Texas A&M University in College Station. “We are starting to see more beef in the system every year, and that’s putting pressure on prices,” said Jason Johnson of Stephenville, livestock economist for Texas A&M University Extension Service. “In 2016 and into 2017, there’s much more of a normal spread between feeder calves and slaughter steers,” “Part of the reason for the drastic fall in prices was the reduction in a (traditional) large spread between feeder and fed cattle prices. Back when prices were high, feedlots were paying premiums to keep their operations going. They paid $2.20 a pound and didn’t make a lot of money when prices started coming down,” Johnson said. Feeder heifers sold $3 higher and steers were steady at Abilene Livestock Auction on Tuesday, according to owner Randy Carson. Feeder steers 200 to 300 pounds brought from $150 to $200. Receipts totaled 1,062 head. Calves and yearlings sold another $2 to $4 higher at the most recent sale compared to the week before at San Angelo’s Producers Livestock Auction. Better quality steers, 400 to 600 pounds, brought mostly $125 to $150. Receipts totaled 2,733 head in a replacement female sale at Jordan Cattle Auction in San Saba on Saturday; the market was very active, with pairs selling from $1,800 up to $2,600 except for some Brahmans that brought $2,700, according to owner Ken Jordan. “We had a full house of buyers on hand from Oklahoma, New Mexico, Arkansas, Indiana, Louisiana, and all across Texas along with 604 on the internet,” Jordan said. Jordan said the bred cows were in strong demand, with most of the middle- to long-bred cows ranging from $1,500 up to $1,925 except for some Herefords and Brahmans that went for $2,300 to $2,375...more
The cattle market is showing signs of recovery from 2016 lows when prices fell below a dollar per pound. In turn I overheard a couple ranchers in the coffee shop talking about rounding up calves they have been holding and sending them to town. “It’s amazing the value of cattle now versus 18 months ago,” said Jason Cleere, beef cattle specialist at Texas A&M University in College Station. “We are starting to see more beef in the system every year, and that’s putting pressure on prices,” said Jason Johnson of Stephenville, livestock economist for Texas A&M University Extension Service. “In 2016 and into 2017, there’s much more of a normal spread between feeder calves and slaughter steers,” “Part of the reason for the drastic fall in prices was the reduction in a (traditional) large spread between feeder and fed cattle prices. Back when prices were high, feedlots were paying premiums to keep their operations going. They paid $2.20 a pound and didn’t make a lot of money when prices started coming down,” Johnson said. Feeder heifers sold $3 higher and steers were steady at Abilene Livestock Auction on Tuesday, according to owner Randy Carson. Feeder steers 200 to 300 pounds brought from $150 to $200. Receipts totaled 1,062 head. Calves and yearlings sold another $2 to $4 higher at the most recent sale compared to the week before at San Angelo’s Producers Livestock Auction. Better quality steers, 400 to 600 pounds, brought mostly $125 to $150. Receipts totaled 2,733 head in a replacement female sale at Jordan Cattle Auction in San Saba on Saturday; the market was very active, with pairs selling from $1,800 up to $2,600 except for some Brahmans that brought $2,700, according to owner Ken Jordan. “We had a full house of buyers on hand from Oklahoma, New Mexico, Arkansas, Indiana, Louisiana, and all across Texas along with 604 on the internet,” Jordan said. Jordan said the bred cows were in strong demand, with most of the middle- to long-bred cows ranging from $1,500 up to $1,925 except for some Herefords and Brahmans that went for $2,300 to $2,375...more
NM-made ‘Hell or High Water’ picks up 4 Oscar noms
“La La Land” may have picked up the most Academy Award nominations on Tuesday, but productions with New Mexico ties picked up some nice shout-outs – in some big categories.
“Hell or High Water,” which was filmed in New Mexico, picked up four nominations. Its biggest nomination came in the best picture category, where it will compete with eight other films. Jeff Bridges was also nominated in the actor in a supporting role category. The movie was also nominated for best original screenplay, penned by Taylor Sheridan, and for best film editing. “Hell or High Water” opened in August and quickly became one of the most successful independent films of 2016.
It is a story about the collision of the Old and New West...more
Ranch Radio Song of the Day #1768
Let's have some bluegrass with Larry Sparks performing Bitterweeds. The tune is on his 2014 CD Lonesome and Then Some - A Classic 50th Anniversary Celebration.
https://youtu.be/oUcqbDM8iiU
https://youtu.be/oUcqbDM8iiU
Trump's Push to Protect Small-Town Workers Leaves Farmers Behind
Donald Trump’s push against trade deals he says have devastated small-town U.S. workers is bringing disappointment to another key piece of his rural American coalition: Farmers and ranchers who heartily supported the president in hopes of less regulation and lower taxes.
Trump’s decision Monday to pull out of the Trans-Pacific Partnership, which would have reduced tariffs and strengthened economic ties between the U.S. and 11 other countries, will cost the agriculture industry as much as $4.4 billion a year in potential sales, according to the American Farm Bureau Federation, the biggest U.S. farmer group.
Reopening talks over the North American Free Trade Agreement, which Trump has called a "disaster" and plans to bring up in a meeting later this month with the Mexican president, risks dealing an even bigger blow for agriculture, one of the few sectors of the American economy with a net trade surplus. Exports of corn, cotton, soybeans and other goods in the year that started Oct. 1 are estimated at $134 billion, the U.S. Department of Agriculture said in November. The three biggest destinations for U.S. farm products: China, Canada and Mexico. Adding to the malaise, the threat for exports comes at a time when U.S. farm incomes have already fallen for three straight years, the longest slump since 1977...more
Trump to direct federal resources toward building a border wall on Wednesday
President Donald Trump will take executive action Wednesday directing federal resources toward building a border wall, a White House official confirmed to CNN.
The move begins a multi-day roll out of immigration actions that's also expected to include moves related to refugees and visas. Trump will make the announcement during a visit to the Department of Homeland Security at 1:25 p.m. ET. Trump plans to issue two executive orders Wednesday during his visit to the Department of Homeland Security, according to a person familiar with the President's plan.
The first will direct the agency to begin construction of the border wall, as well as take steps to repair existing areas of fencing along the frontier between the US and Mexico. The order will also include a mandate to increase staff at Customs and Border Protection by 5,000 and alleviate the flood of migrants fleeing violence in Central America.
According to the person familiar with the plans, Trump's executive order will require DHS to publicly detail what aid is currently directed to Mexico, an indication of an eventual move toward redirecting some of that money to fund the wall's construction — and giving cover for a longstanding campaign promise to have Mexico pay for the structure...more
Tuesday, January 24, 2017
Trump signs orders reviving Keystone, Dakota Access pipeline projects
President Trump signed executive orders on Tuesday effectively reviving the controversial Keystone XL and Dakota Access pipelines, which had been stalled by the Obama administration under pressure from environmental and other groups.
The president said the projects would be subject to a “renegotiation of the terms.” But he made clear the government was resuming consideration for both pipelines, describing them as a potential boon to construction workers.
“We’re going to put a lot of … steel workers back to work,” Trump said. “We’ll build our own pipelines, we will build our own pipes.”
To that end, the president signed three other orders related to pipeline construction, including one expediting the environmental permitting process for infrastructure projects and one directing the Commerce Department to maximize the use of U.S. steel...more
Idaho farmer-rancher sworn in as Trump presidential assistant
Layne Bangerter was sworn in shortly after noon in Washington, D.C., as special assistant to President Donald Trump.
Bangerter, 54, a Melba farmer and rancher who helped Republican U.S. Sen. Mike Crapo craft a bill to protect wilderness and ranching in Owyhee County, has been working on President Trump’s transition. He is working on the Trump program to reform the Environmental Protection Agency, said Bangerter’s friend Phil Hardy, who was at the ceremony.
Bangerter headed the Trump campaign in Idaho that carried the state in a landslide. He served as an adviser to Donald Trump Jr. on western natural resource issues and traveled with Trump Jr. and Vice President Mike Pence during the campaign.
He worked for Crapo for 13 years, helping him pass the Owyhee Public Land Management Act. He worked with ranchers, local officials, conservationists, hunters and anglers, motorized recreation groups, outfitters and others to hammer out the details of the bill that protected 500,000 acres of wilderness, more than 300 miles of Wild and Scenic Rivers, and allowed ranchers to keep their operations viable...more
More info on Bangerter:
He also worked with Crapo on forest issues, the delisting of wolves, salmon and water issues. Before joining Crapo’s staff, Bangerter worked for the U.S. Fish and Wildlife Service and the U.S. Department of Agriculture Animal and Plant Health Inspection Service Wildlife Services agency as a supervisory wildlife biologist.
Somehow I'm not picking up the scent of a 'swamp drainer' here.
Read more here: http://www.idahostatesman.com/news/local/news-columns-blogs/letters-from-the-west/article127929824.html#storylink=cpy
More info on Bangerter:
He also worked with Crapo on forest issues, the delisting of wolves, salmon and water issues. Before joining Crapo’s staff, Bangerter worked for the U.S. Fish and Wildlife Service and the U.S. Department of Agriculture Animal and Plant Health Inspection Service Wildlife Services agency as a supervisory wildlife biologist.
Somehow I'm not picking up the scent of a 'swamp drainer' here.
Read more here: http://www.idahostatesman.com/news/local/news-columns-blogs/letters-from-the-west/article127929824.html#storylink=cpy
Trump Reveals His Game Plan To Overhaul Obama's EPA - And Oh Man, It's A Doozy
By Andrew Clark
As President Trump begins his first full week in office, he's already prepared with a game plan to reverse it all.
A “sneak peek” report from Axios on an “Agency Action” plan written by Myron Ebell, Trump's appointee to lead the EPA transition, is making the rounds. According to Axios, the document runs through the administration's agenda for the EPA - and the left won't like hearing it (bolded emphasis added):
So, what exactly is President Trump hoping to do? Here are four major takeaways...more
They are budget cuts, repeal 'war on coal' regs, repeal 'waters of the us' rule, and restructure how EPA uses science. Nothing 'doozy' about it.
As President Trump begins his first full week in office, he's already prepared with a game plan to reverse it all.
A “sneak peek” report from Axios on an “Agency Action” plan written by Myron Ebell, Trump's appointee to lead the EPA transition, is making the rounds. According to Axios, the document runs through the administration's agenda for the EPA - and the left won't like hearing it (bolded emphasis added):
It's a tightly-held document that fleshes out Trump's campaign promises to gut the agency. It's the handiwork of Myron Ebell, director of the Competitive Enterprise Institute's Center for Energy and Environment. Trump appointed Ebell, a prominent opponent of climate change activists, to lead the EPA transition.Assuming President Trump gets his way (some of these changes will likely require congressional approval), not only will the most controversial regulations from Obama's EPA be rolled back, but the entire agency will be restructured to prevent the EPA from once again becoming an out-of-control regulatory machine.
So, what exactly is President Trump hoping to do? Here are four major takeaways...more
They are budget cuts, repeal 'war on coal' regs, repeal 'waters of the us' rule, and restructure how EPA uses science. Nothing 'doozy' about it.
Statement by AFBF President Zippy Duvall Regarding the Importance of Trade to U.S. Agriculture
“U.S. agriculture creates jobs and supports economic growth in rural America, and American agriculture depends on maintaining and increasing access to markets outside the United States. Trade is vital to the success of our nation’s farmers and ranchers. More than 25 percent of all U.S. ag production ultimately goes to markets outside our borders.
“While President Trump signed an executive order today withdrawing our nation from the Trans- Pacific Partnership, we viewed TPP as a positive agreement for agriculture – one that would have added $4.4 billion annually to our struggling agriculture economy. With this decision, it is critical that the new administration begin work immediately to do all it can to develop new markets for U.S. agricultural goods and to protect and advance U.S. agricultural interests in the critical Asia-Pacific region...more
Beef's environmental stewards shine brightly
Meet the six ranches vying for the cattle industry's top environmental stewardship award.
Now in its 26th year, the beef industry's Environmental Stewardship Award has shone a bright light on ranches from every region of the country, highlighting the many ways that ranchers genuinely care for the natural resources they manage. It may be cliche, but America's ranchers are indeed the original environmentalists.
Not that it's easy, mind you. It's an effort that demands commitment, ingenuity and perseverance. But it's a task that America's ranchers take on willingly. And while environmental stewardship presents each beef producer with different challenges and different opportunities, the underlying ethic remains the same-take care of the land and it will take care of you...more
Drones Flying into Agriculture Industry - video
The drones at Grogan's range in size, but there are larger drones not in stock yet that have eight blades and eight motors and can hold up to two and a half gallons of chemicals used for things like crop dusting.
"So, it's not gonna replace crop dusting, but it would definitely be a good tool in their belt, something to add to their arsenal," Grogan said.
Especially for those who have about 10 acres or less.
"They can fly the edges a lot easier, with less worry about drift because it's got downward facing radar, so it's gonna stay about a foot to two foot above the crops versus a crop duster that's 10 to 15 catching a lot more wind drift," Grogan said.
Attach a thermal camera to one of these babies and the list of uses keeps on going...
"Fighting fires, or looking for animals, or looking for a fleeing suspect, or checking wind turbines, or cell towers," Grogan said.
They even have "brains," if you will, to match the brawn.
"Where the nitrogen levels are doing, crop damage, you can do average crop count, you can do canopy cover. Volumetrics. Like if you had a pile of grain sitting there, you can fly around and it'd tell you how many tons are there," Grogan said...more
video news report
video news report
Baldwin, Johnson introduce bill to lift protections for wolves
U.S. Sens. Tammy Baldwin and Ron Johnson of Wisconsin are co-sponsors of legislation that would lift federal protections for gray wolves in the Midwest and Wyoming.
The other sponsors are John Barrasso and Mike Enzi of Wyoming and Amy Klobuchar of Minnesota.
Similar legislation was introduced earlier this year in the U.S. House by Wisconsin Congressman Sean Duffy.
The aim of these lawmakers is to prevent courts from overruling a decision by the Interior Department to remove wolves in Wyoming, Wisconsin, Minnesota and Michigan from the endangered species list...more
Ranch Radio Song of the Day #1767
Ted West is concerned you're on the Wrong Side Of The Road. From the MGM HIllbilly, Vol. 4 CD on the Cactus label.
https://youtu.be/fU09O1rc3z0
https://youtu.be/fU09O1rc3z0
Monday, January 23, 2017
Ammon Bundy to testify in second Malheur trial
Ammon Bundy will be back in a Portland courtroom soon, only this time as a witness instead of a defendant.
A judge decided to allow him to testify in the upcoming trial of 7 more defendants charged in the armed occupation of the Malheur National Wildlife Refuge in January 2016. Bundy and his co-defendants were found not guilty in late October, but he remains in federal custody facing charges connected to the 2014 standoff with federal agents at his father’s Nevada ranch...more
Senate energy panel delays Tuesday votes on Perry and Zinke
WASHINGTON (Reuters) – The Senate energy committee said late Monday it had delayed “until further notice” a meeting on Tuesday in which the panel had been slated to vote on President Donald Trump’s nominee for secretary of the interior, Rep. Ryan Zinke, and his pick for secretary of energy, Rick Perry.
The panel gave no reason for the delay.
After meeting with Zinke, Udall says " I don't believe that Congressman Zinke will push to change the status of New Mexico's monuments"
After meeting with Ryan Zinke, Senator Udall issued a statement which included the following:
Congressman Zinke and I also discussed the importance of public lands to our American heritage and economy. And as a fellow Westerner, he made clear that he appreciates that public lands mean more than recreation opportunities — they are an important way to stimulate jobs and economic development in rural communities. The recently designated Rio Grande del Norte and Organ Mountains Desert Peaks national monuments have already helped create jobs, and New Mexicans overwhelmingly support them. So I'm very concerned about the effort by some Republicans in Congress to roll back recent national monument designations and sell off federal lands. I asked Congressman Zinke to honor monument designations in New Mexico and others, such as the Bears Ears National Monument in Utah. While I would have liked to hear stronger support for protecting public lands throughout the country and a pledge not to roll back protections and designations that are already in place, I don't believe that Congressman Zinke will push to change the status of New Mexico's monuments.
Judge orders destruction of data from illegal Idaho elk/wolf collaring in wilderness
A federal judge has ordered the U.S. Forest Service and Idaho Department of Fish and Game to destroy all the elk and wolf radio-collar data gathered from 120 helicopter landings in the Frank Church-River of No Return Wilderness last winter.
The agencies ignored earlier warnings that such incursions of the Wilderness Act would face close legal scrutiny when they mounted the research project last January, U.S. District Judge Lynn Winmill wrote in a decision released Thursday in Boise.
The federal law prohibits use of mechanized equipment in wilderness areas. Winmill found the Forest Service failed to justify the environmental impact of helicopter activity and collaring projects on the natural condition of the wilderness area.
“The IDFG has collected data in violation of federal law and intends to use that data to seek approvals in the future for more helicopter landings in the Wilderness Area,” Winmill wrote. “The only remedy that will directly address the ongoing harm is an order requiring destruction of the data.”
The Forest Service permitted the IDFG project to collar 30 adult elk cows and 30 calves in the 1.7-million-acre Middle Fork Zone of the wilderness along the Montana-Idaho border north of Stanley, Idaho. The state wildlife managers wanted to maintain a 60-elk study group for 10 years, with annual winter helicopter operations to maintain and replace radio collars...more
The decision is embedded below
https://drive.google.com/file/d/0B8Yd5M8kgeNtVE9vam9HVVZ3em8/view?usp=sharing
The decision is embedded below
https://drive.google.com/file/d/0B8Yd5M8kgeNtVE9vam9HVVZ3em8/view?usp=sharing
President Trump signs order to withdraw from Trans-Pacific Partnership
President Trump began recasting America’s role in the global economy Monday, canceling an agreement for a sweeping trade deal with Asia that he once called a “potential disaster.”
Trump signed the executive order formally ending the United States’ participation in the Trans-Pacific Partnership in the Oval Office after discussing American manufacturing with business leaders in the Roosevelt Room. The order was largely symbolic — the deal was already essentially dead in Congress — but served to signal that Trump’s tough talk on trade during the campaign will carry over to his new administration.
Trump did not directly address the North American Free Trade Agreement on Monday as he had promised during the election. However, he repeated his threat to punish U.S. companies that build factories overseas and ship products back home — a charge he has primarily leveled at automakers with operations in Mexico. And his hard-line opening stance could portend a contentious renegotiation of the 22-year-old deal with Mexico and Canada that Trump’s senior advisers have called a top priority for the new administration...more
Western drought watchers eye Lake Mead water level
Arizona would be the first state to feel the effects of Colorado River cutbacks if the water level continues to fall at drought-stricken Lake Mead, an environmental advocacy group says in a new report.
The Western Resource Advocates reached its conclusion as the vast reservoir behind Hoover Dam sits at 39 percent of capacity.
The group concluded that farmers would be first to feel the pinch; that suburban growth in Phoenix and Tucson could be slowed by cutbacks; and the cities themselves could face water reductions by 2020.
"These cuts are looming because Arizona's 'bank' for 40 percent of its water supply, Lake Mead, is being drained faster than it can be filled," said the report titled "Arizona's Water Future: Colorado River Shortage, Innovative Solutions, and Living Well with Less."
"Lake Mead has this growing bathtub ring, even though everyone is using their legal amounts of water," said Drew Beckwith, an executive with the organization.
Central Arizona Project official Chuck Cullom said water managers have known for years that more river water is promised to users than enters the system — even in non-drought years. He said Arizona is not alone.
The Colorado River brings Rocky Mountain snowmelt from headwaters in Wyoming, Colorado, Utah and New Mexico downstream to Arizona, Nevada, California and Mexico.
"There is a structural deficit that poses risk to all water users," Cullom said...more
Public Lands and Environment under Interior Nominee Zinke: A Mixed Bag
By Cally Carswell
Donald Trump’s nominee for secretary of the Interior, Montana Rep. Ryan Zinke (R), started his confirmation hearing Tuesday by aligning himself with one of the giants of American conservation.
“Upfront, I am an unapologetic admirer of Teddy Roosevelt,” Zinke said, adding that Roosevelt “had it right” when he protected millions of acres of federal lands and created the U.S. Forest Service.
With a right-wing movement to wrestle control of public lands from the federal government gaining momentum, Zinke’s rhetoric offered conservationists some measure of comfort.
The question now, many say, is whether Zinke will walk—not just talk—like Roosevelt, balancing conservation and development on public lands. “While he continues to paint himself as a modern Teddy Roosevelt, his very short voting record shows him repeatedly siding with industry,” says the Sierra Club’s Matthew Kirby, who works on western public lands issues. According to the League of Conservation Voters, only 3 percent of Zinke’s votes in Congress qualify as “pro-environment,” Oil and gas organizations like the Western Energy Alliance and the Independent Petroleum Association of America applauded Zinke’s nomination, but conservation-minded hunting and fishing groups welcomed it, too. Zinke, in other words, is a bit hard to box in.
Most of that land lies in the U.S. West, and it is an unwritten rule that the Interior secretary post goes to a westerner. Zinke has served only one term in Congress and does not have a deep record on natural resources policy, but he is an outdoorsman who learned to hunt on public lands and therefore recognizes their value for recreation and wildlife. He is also from a state where fossil-fuel production on public lands is a cornerstone of the economy, and he believes Pres. Barack Obama’s administration has been too tough on the industry.
Zinke’s views on easing energy development on public lands seem largely in line with his party...
Zinke’s stances on some other big issues he will face as head of Interior are much murkier. He said Tuesday that he would work to restore trust between federal land managers and local communities, promising to be a “listener” rather than a “deaf adversary.” He repeatedly emphasized the need for more collaboration between the feds and locals. But as a congressman he opposed the Obama administration’s attempt to collaborate with states to keep the greater sage grouse from being listed under the Endangered Species Act... Zinke dodged a question on how he would handle sage grouse protections at his hearing.
It is similarly unclear where he will come down on controversial national monuments designated by Obama, such as Bears Ears. Utah’s congressional delegation is pressuring Trump to rescind the monument—an unprecedented, and possibly illegal, move—and Zinke would presumably be a close adviser on any changes to the monument
.
Both Aengst and Tawney are encouraged by a few of Zinke’s other positions, particularly his flat opposition to selling or transferring public lands to states or private interests, along with his support for permanently authorizing the Land and Water Conservation Fund, which funnels oil and gas royalties to projects that promote recreation, wildlife habitat, parks and wilderness. Zinke also said addressing the maintenance backlog at national parks would be one of his top priorities, indicating that money to keep up roads, trails and toilets in the parks should be included in the infrastructure bill President-Elect Donald Trump has promised. All in all, Tawney is optimistic, and expects sportsmen to have a voice in Zinke’s Interior Department. “He’s a straight shooter,” Tawney says. “We’re not going to agree on everything but at least you know where he sits and we can have a conversation.”
Others in the conservation community remain skeptical. Kirby argues that opposition to selling off public lands should be a prerequisite for any Interior secretary, not a note of distinction. “You don’t get brownie points for that.”
...Zinke is expected to be easily confirmed by the Senate.
Donald Trump’s nominee for secretary of the Interior, Montana Rep. Ryan Zinke (R), started his confirmation hearing Tuesday by aligning himself with one of the giants of American conservation.
“Upfront, I am an unapologetic admirer of Teddy Roosevelt,” Zinke said, adding that Roosevelt “had it right” when he protected millions of acres of federal lands and created the U.S. Forest Service.
With a right-wing movement to wrestle control of public lands from the federal government gaining momentum, Zinke’s rhetoric offered conservationists some measure of comfort.
The question now, many say, is whether Zinke will walk—not just talk—like Roosevelt, balancing conservation and development on public lands. “While he continues to paint himself as a modern Teddy Roosevelt, his very short voting record shows him repeatedly siding with industry,” says the Sierra Club’s Matthew Kirby, who works on western public lands issues. According to the League of Conservation Voters, only 3 percent of Zinke’s votes in Congress qualify as “pro-environment,” Oil and gas organizations like the Western Energy Alliance and the Independent Petroleum Association of America applauded Zinke’s nomination, but conservation-minded hunting and fishing groups welcomed it, too. Zinke, in other words, is a bit hard to box in.
Most of that land lies in the U.S. West, and it is an unwritten rule that the Interior secretary post goes to a westerner. Zinke has served only one term in Congress and does not have a deep record on natural resources policy, but he is an outdoorsman who learned to hunt on public lands and therefore recognizes their value for recreation and wildlife. He is also from a state where fossil-fuel production on public lands is a cornerstone of the economy, and he believes Pres. Barack Obama’s administration has been too tough on the industry.
Zinke’s views on easing energy development on public lands seem largely in line with his party...
Zinke’s stances on some other big issues he will face as head of Interior are much murkier. He said Tuesday that he would work to restore trust between federal land managers and local communities, promising to be a “listener” rather than a “deaf adversary.” He repeatedly emphasized the need for more collaboration between the feds and locals. But as a congressman he opposed the Obama administration’s attempt to collaborate with states to keep the greater sage grouse from being listed under the Endangered Species Act... Zinke dodged a question on how he would handle sage grouse protections at his hearing.
It is similarly unclear where he will come down on controversial national monuments designated by Obama, such as Bears Ears. Utah’s congressional delegation is pressuring Trump to rescind the monument—an unprecedented, and possibly illegal, move—and Zinke would presumably be a close adviser on any changes to the monument
.
Both Aengst and Tawney are encouraged by a few of Zinke’s other positions, particularly his flat opposition to selling or transferring public lands to states or private interests, along with his support for permanently authorizing the Land and Water Conservation Fund, which funnels oil and gas royalties to projects that promote recreation, wildlife habitat, parks and wilderness. Zinke also said addressing the maintenance backlog at national parks would be one of his top priorities, indicating that money to keep up roads, trails and toilets in the parks should be included in the infrastructure bill President-Elect Donald Trump has promised. All in all, Tawney is optimistic, and expects sportsmen to have a voice in Zinke’s Interior Department. “He’s a straight shooter,” Tawney says. “We’re not going to agree on everything but at least you know where he sits and we can have a conversation.”
Others in the conservation community remain skeptical. Kirby argues that opposition to selling off public lands should be a prerequisite for any Interior secretary, not a note of distinction. “You don’t get brownie points for that.”
...Zinke is expected to be easily confirmed by the Senate.
Obama Drops 1,500 Pages Of Regulations On Final Day
The Obama administration dropped nearly 1,500 pages of regulations on
the president’s final day in office Thursday, completing a fury of
regulatory action since the November election.
Government agencies must file final rules and proposed rules in the Federal Register, which has had a busy couple of months, The Hill reports. “There is a huge increase in the volume [of rules we receive] toward the end of an administration,” Miriam Kleiman, a spokeswoman for the Federal Register told The Hill. The end of President Barack Obama’s administration has been particularly heavy on regulations, however...more
Government agencies must file final rules and proposed rules in the Federal Register, which has had a busy couple of months, The Hill reports. “There is a huge increase in the volume [of rules we receive] toward the end of an administration,” Miriam Kleiman, a spokeswoman for the Federal Register told The Hill. The end of President Barack Obama’s administration has been particularly heavy on regulations, however...more
Trump White House tells agencies to halt regulations
President Trump's chief of staff, Reince Priebus, issued a memo Friday night telling federal agencies to not issue any more regulations.
Hours after his boss was sworn into office, Priebus told the agencies not to send any regulation to the Federal Register until the rule is reviewed and approved by the new president's appointed agency head.
Any rule that’s already been sent to the Office of the Federal Register but not yet published must be withdrawn, the order says. For rules that were published in the last 60 days, Priebus told agencies to publish a notice to delay the effective date of the rule for at least another 60 days...more
Ranch Radio Song of the Day #1766
We're swingin' some blues this Monday. This tune has a line "I need a song that is low and greasy." Me too, and The Red Stick Ramblers fill the bill with Morning Blues from their 2009 CD My Suitcase Is Always Packed.
https://youtu.be/xtHch0wLWDI
https://youtu.be/xtHch0wLWDI
Sunday, January 22, 2017
Cowgirl Sass & Savvy
Winter cowboying
by Julie Carter
It’s true. I’ll
confess. I was always a fair-weather cowgirl by preference. However, when
cattle needed tending, fair weather was not a given. Fact of life - if you have
cattle and live where winter is a force to contend with, you have to be
dedicated to the job. Being a little bit crazy doesn't hurt either.
The Texas
Panhandle, Amarillo particularly, claims some notoriety for its miserable winters.
Running yearlings on winter wheat is a tricky deal requiring good hard horses
and cowboys of the same ilk.
Darrell had a
big string of yearlings on winter wheat throughout most of a miserable
Panhandle winter. The wheat had gotten too short and the cattle needed to be
moved. Known for his penchant to always do things the hard way, Darrell called
for some help to come move the cattle.
Trucking them
would have cost about $100 dollars, but Darrell was determined to save the
expense for the guy that owned the herd. The morning that the cowboys showed up
to move the cattle, a cold, bitter east wind blew in, driving ice and sleet in
front of it, and into the faces of the cattle, horses and cowboys. Naturally,
east was the very direction they needed to go.
The cattle
fought to turn back, refusing to drive into the wind except by force. This kept
all but two of the riders at the back of the herd plenty busy. The two point
riders were needed mostly just to open the gates. No danger of the cattle
running off in that direction.
It took all the morning and a good part of the afternoon to drive the herd six
miles. The cowboys took turns thawing out in the pickups that followed behind.
The horses had
balls of ice and snow packed in their hooves and their eye lashes and nostrils
were iced over, same as the cowboys. There wasn't a creature, man or beast,
that wasn't chilled to the bone and hoping they'd live to see another warm day.
Nobody ever
heard if cattle owner appreciated all the misery and work that went into saving
him $100, but it was quite some time before Darrell was able to round up any
extra winter help again.
In times of
blizzards, a solid broke horse that will pull whatever you tie a rope onto is a
must. Yearlings are known to ball up in a corner of a wheat field and die out
of pure spite. Farmers seem to be irritable about it when they have to run over
bones to plow in the spring, so a fella needs to be able drag off the deads and
make them available to the used-cow dealer.
Many a wheat
pasture lord has become closely acquainted with the guy at the rendering
service. All part of winter wheat pasture cowboying.
Meanwhile, back
in the mountains where winter may not blow in quite the same as it does on the
plains, cold and snow are still the challenge.
It was late in
the fall and everything but a few strays had been gathered out of the mountain
pastures, but the search would continue as long as the hills were passable.
My brother and
I were quite young when we tagged along with my dad to track a few of the last
stragglers in the deep canyons fronting the Rocky Mountain range of home. With
our horses in single file, we trudged through the snow that had settled in the
bottom of the draws.
Often we had to
dismount and let the horses lunge their way to the top of a steep hill. We
would catch them at the top of the ridge after we first, and then they,
floundered our way through the belly deep drifts covering the north slopes in
the shade of the pines.
Wet boots and
wet gloves aided in fingers and toes turning to popsicles without feeling.
As the sun made
its way to setting behind the mountain range, the cold fell on us like a heavy
blanket, chilling us to the marrow. We were so cold by the time we headed home
that my brother, still small enough to not be able to reach his stirrups,
unknowingly lost one of his too big hand-me-down boots during the long
miserable jog-trot back to the barn.
As long as
there are horses that need ridden, cattle that need tended, cowboys will saddle
up in the chill of winter and do the job because it's there to be done, no
matter the conditions.
In their youth,
it comes more easily. A few decades later, justification for waiting for the
sun to shine comes even easier. "Why ride colts in a snowstorm? How can
you teach them to watch for rattlesnakes in this weather?"
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