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.
Sunday, June 16, 2013
Utah to feds: Stop enforcing our laws
Federal officers and rangers have no right to enforce driving and
other common laws on national forest, federal range lands and national
parks, the Utah Attorney General's Office asserts. The state is defending an effort to limit the police
powers of federal officers in the latest flashpoint between Utah and
U.S. government officials. The debate has often centered on control or
development of federal lands, but it is now extending to police
activities by federal officers. The Utah Legislature approved a law earlier this year
that prohibits federal officers — at risk of arrest and prosecution —
from trying to enforce state or local laws anywhere in Utah. Gov. Gary
Herbert signed the law. The federal government sued, however, and a judge slapped an injunction on the law the day it was to take effect, May 13. State lawyers filed papers June 4 to defend the new law and ask the judge to lift the injunction. The U.S. departments of agriculture and interior
"cannot grant to themselves state law enforcement authority," state
lawyers said in a 100-page memo. At first, it wasn't clear what federal officers were enforcing in
Utah. The U.S. Department of Justice later clarified that federal
officers can issue speeding tickets and enforce Utah gun laws and
hunting and fishing regulations on federal lands. Federal officers enforcing state or local laws are
acting under federal authority and have the right to do so, and they can
pursue a suspect onto state, local or private lands, Justice Department
officials told The Associated Press. The federal lawsuit says Utah has no right to arrest
or prosecute Forest Service or Bureau of Land Management rangers for
bringing law and order to national forests and other federal lands...more
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