Federal Court Hearing Update - NEPA & CEs

From: Caren
Sent: Friday, July 10, 2009 4:22 PM
Subject: Federal Court Hearing Update

Yesterday (7.9.09) the lawsuit filed by the WildEarth Guardians against the U.S. Forest Service (USFS) challenging the use of categorical exclusions (CEs) to comply with the National Environmental Policy Act (NEPA) for permit renewal was heard in Federal District Court in Albuquerque. The case included a request for an injunction to remove grazing if the WildEarth Guardians prevail in their claim that the USFS abused the NEPA process in the use of the CEs.

While it appeared that the Judge has a good grasp of the fact that Congress has repeated provided safety for allotment owners whose allotments have not received NEPA analysis in a timely fashion, there is no ruling expected on the case until August or September.

In a departure from the original suit and its’ opening briefs, the WildEarth Guardians focused their argument on potential harm of grazing on the reintroduced Mexican wolves. The USFS attorney did a good job of pointing this out, as well as defending the process used by the agency to renew term grazing permits with CEs.

Interveners in the case were the New Mexico Cattle Growers’ Association and the Arizona/New Mexico Coalition of Counties. Their attorney Karen Budd-Falen did an excellent job of pointing out the harm that could come to the allotment owners, many of them in the court room, if the WildEarth Guardians prevailed on the suit and its’ requested injunction.

Special thanks to all the folks who attended the hearing from Catron, Sierra, Santa Fe, Rio Arriba, Lincoln, and Valencia counties!