The Western Watershed Projects has moved to dismiss a lawsuit that was filed against it this summer by five Fremont and Sublette county ranch interests. A WWP spokesman also said a news release issued by the plaintiffs in the case contained factual errors and misrepresented the project’s financial standing.
In the motion, the defendants claimed the ranchers “have utterly failed to substantiate their claims and the case should be dismissed.” According to the defendants, they were also targeted by the ranchers “for exposing poor water quality conditions on public lands that violate federal law and create health risks for water users, conditions the livestock industry hopes to hide through its retaliatory lawsuit.” The motion to dismiss “demonstrates that the Plaintiffs have provided no concrete evidence of trespass, have ignored established public rights of way, and have failed to demonstrate any actual damage caused by the alleged trespass,” according to the WWP’s filing.
In June, the ranchers filed a civil trespass lawsuit against Jonathan Ratner, the WWP Director for Wyoming, Utah and Colorado, and John Does 1-10 with the Western Watersheds Project, Inc. “for intentionally and without landowner permission trespassing and entering private property.”
In a July response filed by WWP, the group alleges the case is an attempt to silence them. However, according to the landowners’ attorney, Karen Budd-Falen, this lawsuit is strictly about trespass. “Private citizens do not have the right to cross private property without permission,” said Budd-Falen. According to the plaintiff’s information, trespasses by WWP occurred while collecting and submitting water quality samples to the Wyoming Department of Environmental Quality (DEQ). Trespasses also occurred while collecting range monitoring data. Some of the data collection was on private lands, they allege. According to a news release from the plaintiffs, “In their response, Western Watersheds Project alleges legal cost is too much for them so pro bono representation is necessary for their organization. They fail to mention they have four attorneys on staff and frequently receive money from the federal government for filing lawsuits.” The Plaintiffs alleged WWP has collected $2.3 million in taxpayer funds by “filing” lawsuits...more
Tuesday, December 16, 2014
Sparring begins in civil lawsuit alleging trespassing by Western Watershed Project
The Western Watershed Projects has moved to dismiss a lawsuit that was filed against it this summer by five Fremont and Sublette county ranch interests. A WWP spokesman also said a news release issued by the plaintiffs in the case contained factual errors and misrepresented the project’s financial standing.
In the motion, the defendants claimed the ranchers “have utterly failed to substantiate their claims and the case should be dismissed.” According to the defendants, they were also targeted by the ranchers “for exposing poor water quality conditions on public lands that violate federal law and create health risks for water users, conditions the livestock industry hopes to hide through its retaliatory lawsuit.” The motion to dismiss “demonstrates that the Plaintiffs have provided no concrete evidence of trespass, have ignored established public rights of way, and have failed to demonstrate any actual damage caused by the alleged trespass,” according to the WWP’s filing.
In June, the ranchers filed a civil trespass lawsuit against Jonathan Ratner, the WWP Director for Wyoming, Utah and Colorado, and John Does 1-10 with the Western Watersheds Project, Inc. “for intentionally and without landowner permission trespassing and entering private property.”
In a July response filed by WWP, the group alleges the case is an attempt to silence them. However, according to the landowners’ attorney, Karen Budd-Falen, this lawsuit is strictly about trespass. “Private citizens do not have the right to cross private property without permission,” said Budd-Falen. According to the plaintiff’s information, trespasses by WWP occurred while collecting and submitting water quality samples to the Wyoming Department of Environmental Quality (DEQ). Trespasses also occurred while collecting range monitoring data. Some of the data collection was on private lands, they allege. According to a news release from the plaintiffs, “In their response, Western Watersheds Project alleges legal cost is too much for them so pro bono representation is necessary for their organization. They fail to mention they have four attorneys on staff and frequently receive money from the federal government for filing lawsuits.” The Plaintiffs alleged WWP has collected $2.3 million in taxpayer funds by “filing” lawsuits...more
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