Saturday, March 06, 2004
DIAMOND BAR CATTLE COMPANY
Gila-area rancher seeks help from cattlemen’s board
(Albuquerque-AP) -- Gila ranchers who have been ordered to remove their cattle from a Gila Forest allotment because the grazing is illegal turned to the New Mexico Livestock Board for help.
The board said Friday it probably can’t stop cattle belonging to Kit and Sherry Laney from being removed.
But the board will send a letter to the U.S. attorney asking what the board has to do to comply with the law.
The board’s only involvement is that it inspects cattle.
Board executive director Daniel Manzanares says the grazing allotment is federal land, in federal jurisdiction in a federal court.
The Laneys have been fighting the Forest Service since 1985.
Courts have ruled against their claim to private property rights to federal land where their cattle graze.
Permalink
Gila-area rancher seeks help from cattlemen’s board
(Albuquerque-AP) -- Gila ranchers who have been ordered to remove their cattle from a Gila Forest allotment because the grazing is illegal turned to the New Mexico Livestock Board for help.
The board said Friday it probably can’t stop cattle belonging to Kit and Sherry Laney from being removed.
But the board will send a letter to the U.S. attorney asking what the board has to do to comply with the law.
The board’s only involvement is that it inspects cattle.
Board executive director Daniel Manzanares says the grazing allotment is federal land, in federal jurisdiction in a federal court.
The Laneys have been fighting the Forest Service since 1985.
Courts have ruled against their claim to private property rights to federal land where their cattle graze.
Permalink
DIAMOND BAR CATTLE COMPANY
For Immediate Release 03/05/04
Contact: Paragon Foundation, Inc. (505) 434-8998
Ruby Ridge In New Mexico?
Are developments in Southwestern New Mexico tumbling out of control and setting up a situation like the one at Ruby Ridge, Idaho, where three innocent citizens were gunned down by federal law enforcement officials? If one looks at the preparations of the Forest Service and the size of the force they have brought into the area, it might appear so.
This question goes to the recent announcement by the Forest Service concerning the impounding and removal of the Diamond Bar cattle. With 16 law enforcement officers, roadblocks, attack dogs, and an apparent distrust of law-abiding citizens that would rival border guards in the old Soviet Union, one wonders why the gathering of alleged trespass cattle would require such warlike tactics? With no threat of violence by the Laneys, who, in fact, have declared they will not interfere with the seizure of their cattle, the Forest Service has bulled ahead closing the only road in the area, declaring the public forest off limits to law abiding citizens and intimidating anyone who comes near or opposes their tactics. Furthermore, they have caused a jurisdictional crisis between the Forest Service on one hand and the Catron County Commission and the Catron County Sheriff on the other. And, if that’s not enough, they have precipitated legal confusion on the New Mexico Livestock Board as they have attempted to circumvent, misuse and confuse what were once called the best livestock laws in the country. All this is being done with the apparent blessing of Governor Bill Richardson and Attorney General Patricia Madrid.
Clint Wellborn, District Attorney for Catron County, at a meeting of the Catron County Commission, said, “We can’t ask the Sheriff to go out there and confront these armed federal officers.” This was stated in an open meeting in an attempt to dissuade the Sheriff from going out to assert jurisdiction in Catron County as the legal chief law enforcement authority. Presumably, DA Wellborn believes it is better for defenseless citizens to confront armed federal officers. Mr. Wellborn also states in a letter that, “If you or your department should attempt to intervene you risk the possibility of being arrested by Federal Marshals and held in contempt of court and possibly jailed”. Mr. Wellborn says this even though the federal law enforcement contingent’s operation in New Mexico and Catron County is conditional on the consent of both the Sheriff and the Chief of the State Police.
Of course, this would be comical if it weren’t tearing at the fabric of New Mexican institutions and law. The Laneys, while moving horses along old State Highway 61 from one private land holding to another were accosted by the Forest Service. The Officers tried to pull the horses over, using emergency lights and sirens and shouting through loud speakers, “This is law enforcement. Stop your horse and get off.” Of course, this only caused the horses to speed up. At this point Dale and Albert Laney had no choice but to try and control the horses. In no way could they allow them to trod upon the forest. Picture two full-blown patrol units with sirens blaring, lights blazing, attack dog inside barking frantically, loudspeaker roaring commands to “pull over them runaway horses”.
Matt Schneberger, local rancher, says, “Barney fife is alive and well in the Gila. Only in this case he don’t just have a bullet in his pocket, he’s got a large capacity auto pistol and all the back-up in the world. We’ve got terrorists coming across the Mexican border to kill Americans and here we are guarding against a small family ranch trying to protect their private property.”
The Forest Service is not only callous about their treatment of the Laneys but they are completely oblivious to the harm they cause others. Doug Osborn, wrote, “I just got back from the Cattle Guard Restaurant up at the Fowlers. There were six folks from Minnesota in there eating. They had come down here to hunt lions, but the road is closed. There go their plans (and lots of money). I wonder how the Forest Service would feel about reimbursing those folks. Lots of luck!”
Ray Fowler, another local rancher, said, “I went to get a bull and when I got back there was a roadblock up and they wouldn’t let me in. There were guys running around demanding a permit. I didn’t have one. I still don’t have a permit. They finally let me through after they took down my license plate like I was going to rob a bank or something. They tell me nobody from the outside can come in to see me.”
To justify this ridiculous circus Steve Libby of the Forest Service intimated that Kit Laney had threatened a gentleman who was delivering feed to the Forest Service. But, when he was asked about it, the man delivering the feed said he had never met Kit Laney. Then Mr. Libby said there were threats that the greens might get involved if the cattle weren’t removed quickly enough. No evidence was ever presented for this assertion.
It is a sad day when Smokey the Bear goes on the rampage. The Forest Service by its actions in the Diamond Bar Ranch controversy is either exhibiting paranoia or an inclination to intimidate. Either way, the Forest Service no longer deserves the trust of the public and the state of New Mexico. They have no business employing a small army of quasi-military, trained to a fever pitch…Barney Fifes.
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Permalink
For Immediate Release 03/05/04
Contact: Paragon Foundation, Inc. (505) 434-8998
Ruby Ridge In New Mexico?
Are developments in Southwestern New Mexico tumbling out of control and setting up a situation like the one at Ruby Ridge, Idaho, where three innocent citizens were gunned down by federal law enforcement officials? If one looks at the preparations of the Forest Service and the size of the force they have brought into the area, it might appear so.
This question goes to the recent announcement by the Forest Service concerning the impounding and removal of the Diamond Bar cattle. With 16 law enforcement officers, roadblocks, attack dogs, and an apparent distrust of law-abiding citizens that would rival border guards in the old Soviet Union, one wonders why the gathering of alleged trespass cattle would require such warlike tactics? With no threat of violence by the Laneys, who, in fact, have declared they will not interfere with the seizure of their cattle, the Forest Service has bulled ahead closing the only road in the area, declaring the public forest off limits to law abiding citizens and intimidating anyone who comes near or opposes their tactics. Furthermore, they have caused a jurisdictional crisis between the Forest Service on one hand and the Catron County Commission and the Catron County Sheriff on the other. And, if that’s not enough, they have precipitated legal confusion on the New Mexico Livestock Board as they have attempted to circumvent, misuse and confuse what were once called the best livestock laws in the country. All this is being done with the apparent blessing of Governor Bill Richardson and Attorney General Patricia Madrid.
Clint Wellborn, District Attorney for Catron County, at a meeting of the Catron County Commission, said, “We can’t ask the Sheriff to go out there and confront these armed federal officers.” This was stated in an open meeting in an attempt to dissuade the Sheriff from going out to assert jurisdiction in Catron County as the legal chief law enforcement authority. Presumably, DA Wellborn believes it is better for defenseless citizens to confront armed federal officers. Mr. Wellborn also states in a letter that, “If you or your department should attempt to intervene you risk the possibility of being arrested by Federal Marshals and held in contempt of court and possibly jailed”. Mr. Wellborn says this even though the federal law enforcement contingent’s operation in New Mexico and Catron County is conditional on the consent of both the Sheriff and the Chief of the State Police.
Of course, this would be comical if it weren’t tearing at the fabric of New Mexican institutions and law. The Laneys, while moving horses along old State Highway 61 from one private land holding to another were accosted by the Forest Service. The Officers tried to pull the horses over, using emergency lights and sirens and shouting through loud speakers, “This is law enforcement. Stop your horse and get off.” Of course, this only caused the horses to speed up. At this point Dale and Albert Laney had no choice but to try and control the horses. In no way could they allow them to trod upon the forest. Picture two full-blown patrol units with sirens blaring, lights blazing, attack dog inside barking frantically, loudspeaker roaring commands to “pull over them runaway horses”.
Matt Schneberger, local rancher, says, “Barney fife is alive and well in the Gila. Only in this case he don’t just have a bullet in his pocket, he’s got a large capacity auto pistol and all the back-up in the world. We’ve got terrorists coming across the Mexican border to kill Americans and here we are guarding against a small family ranch trying to protect their private property.”
The Forest Service is not only callous about their treatment of the Laneys but they are completely oblivious to the harm they cause others. Doug Osborn, wrote, “I just got back from the Cattle Guard Restaurant up at the Fowlers. There were six folks from Minnesota in there eating. They had come down here to hunt lions, but the road is closed. There go their plans (and lots of money). I wonder how the Forest Service would feel about reimbursing those folks. Lots of luck!”
Ray Fowler, another local rancher, said, “I went to get a bull and when I got back there was a roadblock up and they wouldn’t let me in. There were guys running around demanding a permit. I didn’t have one. I still don’t have a permit. They finally let me through after they took down my license plate like I was going to rob a bank or something. They tell me nobody from the outside can come in to see me.”
To justify this ridiculous circus Steve Libby of the Forest Service intimated that Kit Laney had threatened a gentleman who was delivering feed to the Forest Service. But, when he was asked about it, the man delivering the feed said he had never met Kit Laney. Then Mr. Libby said there were threats that the greens might get involved if the cattle weren’t removed quickly enough. No evidence was ever presented for this assertion.
It is a sad day when Smokey the Bear goes on the rampage. The Forest Service by its actions in the Diamond Bar Ranch controversy is either exhibiting paranoia or an inclination to intimidate. Either way, the Forest Service no longer deserves the trust of the public and the state of New Mexico. They have no business employing a small army of quasi-military, trained to a fever pitch…Barney Fifes.
###
Permalink
NEWS ROUNDUP
Editorial: Wyoming Is Crying Wolf The federal government's program to reintroduce the gray wolf to Yellowstone National Park in 1995 and 1996 was cheered in most of the country for restoring a critical link in the balance of nature in the nation's first such park. Not, however, in Wyoming. Ranchers feared for their herds, despite explicit federal permission to shoot any wolf caught attacking cattle or sheep, plus a promise of full reimbursement for any losses. The losses have been far less than feared, and the affected ranchers have been compensated. But the fear and loathing linger.... Wolves strike Madison Valley ranch A federal official said Friday that whoever illegally killed a collared wolf in the Madison Valley scuttled trackers' efforts to find the wolves that had attacked a dog hours earlier. Ed Bangs, wolf recovery leader for the U.S. Fish and Wildlife Service, said a wolf that had been collared on Thursday was spotted from an airplane Friday afternoon bloodied and lying in a snowbank. Officials had been using that wolf to track down and kill members of the Sentinel pack, which is suspected of four attacks on livestock in the Madison Valley over the past week.... Feds OK killing of wolf pack A federal wildlife official ordered the Sentinel wolf pack destroyed Friday after it killed a Cameron family's dog near their house. The pack of six wolves has been hanging around Todd and Barbie Durham's home since mid-February. Earlier this week, the wolves killed a neighbor's yearling steer within 200 yards of three homes. U.S. Fish and Wildlife Service agents darted one of the female wolves and fitted a radio collar on it after the pack killed the steer. FWS officials said then that three of the six wolves in the pack would be destroyed.... All fishing closed on Methow, Chewuch, Wenatchee rivers Fishing of all kinds will close March 5 on the Methow, Chewuch and Wenatchee rivers to protect upper Columbia River steelhead listed for protection under the federal Endangered Species Act (ESA), the Washington Department of Fish and Wildlife (WDFW) announced recently. The closure includes the winter whitefish-fishing season, which typically runs from December 1 through March 31 in those three rivers.... Nationwide Easter Bunny Count Eight hundred volunteer wildlife watchers will be deployed throughout Germany in March in a giant rabbit count aimed at giving the clearest picture yet of the nation's endangered bunny population. Coordinated by leading scientific institutes, volunteers will count the rabbits one hour after nightfall when they come out to feed, said Armin Winter, animal conservation expert from the German Hunting Protection League. In contrast to countries like Australia, where rabbits have multiplied at an explosive rate and have long been viewed as pests, the fluffy creatures are on the list of endangered species in Germany. Industrialization and intensive farming has depleted their natural habitat.... Agency says it won't turn Kirwin National Wildlife Refuge over to state Federal officials on Friday backed off the idea of turning the Kirwin National Wildlife Refuge over to the state of Kansas, one day after saying the idea was under consideration. The U.S. Fish and Wildlife Service issued a statement late Friday saying Kirwin will remain in the national refuge system, for now, and is not being considered for transfer to the state.... Groups push feds to protect bloodsucking lampreys slate of environmental groups is demanding the federal government act to protect four species of eel-like bloodsucking fish known as lamprey. The 12 groups in three West Coast states claim the government hasn't taken the necessary steps to list the lampreys as threatened or endangered. They had first asked the U.S. Fish and Wildlife Service to consider taking the action in January 2003.... Global Warming Could Be Affecting Wolf-Moose Balance Wolves are up and moose are down this spring at Isle Royale National Park, the home of a 46-year study of predators and their prey. Researchers suspect that a global warming trend may be behind the shift. The moose population has slid to 750 on this Lake Superior wilderness island park, down from 900 last year and 1,100 in 2002. In the meantime, the number of wolves has seesawed upward over the past decade and is now up to 29, as many as the park has seen since 1980 and 11 more than last year. What's bad for moose has been good for the wolves, and moose throughout North America have been hit hard by warmer temperatures that began in 1998 with El Nino and never let up, according to Professor Rolf Peterson of Michigan Technological University, who has lead the study of Isle Royale's wolves and moose for 34 years.... Wolves kill four cows on Hammett ranch A rancher near Hammett says wolves have killed four head of cattle, and he worries his family may be in danger. Federal Fish and Wildlife Services officials have agreed to step-in and remove three wolves, but the rancher says that will not be enough. The 50,000 acre farm sits about ten miles outside Hammett. The landowner worries other wolves will eventually roam his fields threatening his livelihood and his family's safety.... Fort Belknap bison breed tension After complaining for weeks that bison from the Fort Belknap Reservation herd were destroying his fences and forcing his cattle off their winter feed, a Cleveland-area rancher has reportedly shot five wandering bison. Dustin Hofeldt, whose family ranches 25 miles south of Chinook, won't comment on the accusation, but he said at least 200 bison have been on his land periodically since the first of January. "They just come over here because it's the only grass around," Hofeldt said.... Navy wants more BLM land set aside in Campo Special-operations forces who undertake dangerous combat missions have used this remote site of nearly 1,100 acres in the backcountry since 1986. But now Navy officials want to ensure that ever-increasing development does not encroach on training. The Navy is seeking to set aside an additional 4,486 acres of federal Bureau of Land Management property as a buffer between the training center and surrounding communities.... White House Race Pits Oil Drilling Vs Conserving U.S. voters hit with soaring gasoline prices can choose between two presidential candidates with contrary ways to escape the energy morass -- a Democrat pushing conservation and a Republican who wants to drill his way out. Painting the energy policies of Republican President Bush and his Democrat opponent John Kerry as supply-side versus demand-side risks oversimplification. But in large part, Bush's energy policy seeks to expand supplies of domestic oil and natural gas, while Kerry, a senator from Massachusetts, focuses on developing alternative fuels and renewable sources to reduce U.S. demand for oil.... Editorial: Dear feds, help! Where are our members in Congress (Reid, Ensign, Gibbons, Berkley, and Porter) when we need them? They won't hesitate to give you their views about such high profile issues as Yucca Mountain, yet remain strangely silent about assisting counties that are financially boxed in by the federal government. Payments in Lieu of Taxes (PILT) are federal payments to local governments that help offset losses in property taxes due to nontaxable federal lands within their boundaries. Since the federal government claims dominion over 98 percent of Nye, the county is limited to collecting taxes on the remaining two percent.... Time bomb: Development explodes near sites where munitions didn't Untold thousands of aging, unexploded bombs are scattered across Colorado, hidden military leftovers that health experts call a growing hazard and a mess that will cost taxpayers hundreds of millions of dollars to clean up. State regulators have identified at least two dozen sites where old ordnance has been found. The one causing the greatest alarm: the former Lowry Bombing and Gunnery Range southeast of Denver, where workers have discovered more than 3,000 live munitions - with 75 percent of the search-and-destroy work still to come.... State lands fail to serve schools The State Land Board could have brought in as much as $4.2 million for public schools in recent years through better use of state rangelands, state auditors say. Instead, between 1998 and 2002 the state lost a small amount of money managing the lands, the Audits Division reported this week. Auditors said the board would come closer to fulfilling its obligation either by selling all or part of the rangelands or by keeping the lands and charging the market rate for grazing.... How Industry Won the Battle of Pollution Control at E.P.A. ust six weeks into the Bush administration, Haley Barbour, a former Republican party chairman who was a lobbyist for electric power companies, sent a memorandum to Vice President Dick Cheney laying down a challenge. "The question is whether environmental policy still prevails over energy policy with Bush-Cheney, as it did with Clinton-Gore," Mr. Barbour wrote, and called for measures to show that environmental concerns would no longer "trump good energy policy." Mr. Barbour's memo was an opening shot in a two-year fight inside the Bush administration for dominance between environmental protection and energy production on clean air policy. One camp included officials, like Mr. Cheney, who came from the energy industry. In another were enforcers of environmental policy, led by Christie Whitman, a former Republican governor of New Jersey.... Column: The Fog of Warming On Wednesday and for the fourth time in the past two years, John McCain's Senate Committee on Commerce, Science and Transportation staged a platform to publicize global warming. Just the day before, the Union of Concerned Scientists (UCS) preempted the committee to announce another yet another McCain hearing, scheduled for next week, to air a UCS report alleging misuse of science by the Bush administration. The senior senator from Arizona has of late been eager to prove the UCS thesis. He called a hearing in January 2003, prior to Congress even convening, to trot out Sen. "Kyoto Joe" Lieberman as an expert witness. Lieberman is McCain's climate Doppelganger who co-authored their legislation implementing the (unratified) global warming treaty. At that hearing, the Connecticut Yankee did not disappoint, helpfully informing the Senate that 2002 was the second-warmest year on record, and would've been warmer but that there was a manufacturing slowdown (we can't make this stuff up).... Snowpack to swell Rio Grande Snowpack runoff from mountains in southern Colorado and New Mexico is expected to be higher than last year, but area farmers such as Chanon Singh say that although the news is good, they still plan to be cautious with their water supplies. February storms, which have continued into the first few days of March, have increased the amount of snow, which melts and runs off into the Rio Grande Basin, but that situation doesn't signal an end to the drought in New Mexico, U.S. Department of Agriculture officials said Friday. "We're excited about the snowpack and the amount of moisture we've received lately," New Mexico State Engineer John D'Antonio said. "But we've got a big shortfall to make up in terms of our reservoirs.".... Rocky Ford water lease gets federal blessing The federal Bureau of Reclamation has given Aurora its blessing to temporarily store more than 12,600 acre-feet of water in Pueblo Reservoir, making the High Line Canal water transfer the largest short-term water lease in Colorado history. Aurora leased the water from 152 water holders on the canal for about $5.5 million, but needed federal approval to store the water for 12 months in the reservoir, which is part of the federally operated Arkansas-Frying Pan project.... Omaha, Neb., Western Clothing Retailer to Close Last Store Stockmen's Western Wear, an Omaha tradition in retail western apparel, has met the same fate as the Livestock Exchange Building and the Omaha Stockyards. Stockmen's will close its last store, at 4650 L St. in south Omaha, after almost 58 years of business. A close-out sale which began about four weeks ago ends Sunday. The store's growth and history have been intertwined with the Livestock Exchange Building, its first home when it opened in April 1946, and the Omaha Stockyards, from which it drew many of its customers....
Cowboys weaving words of lore With its 18th annual promise of roughhewn rhymes, folk singing, hearty campfire meals and kindred spirits, the Texas Cowboy Poetry Gathering is a working wordsmith's paradise. The event began Friday at Sul Ross State University. Most of this year's 40 participants have been cowboys and ranchers — and many still are, like J.B. Allen, who has lived 30 years on his West Texas ranch at Whiteface, 13 miles from Levelland.... U.S. animal tracking plan seen beginning by summer The first steps in a national animal identification program aimed at combating the spread of illnesses such as mad cow disease could begin this summer, a U.S. Department of Agriculture official said on Friday. The program, details of which are still being developed by USDA, would begin with voluntary participation, but may become mandatory if, for example, the livestock industry avoids it in large numbers, officials said at a hearing of the U.S. House of Representatives Agriculture Committee. The hearing was held at the annual Houston Rodeo and Livestock Show before an audience of trade officials and ranchers.... Blaze happy trails with Roy and Dale at the Western Film Festival The King of the Cowboys and the Queen of the West ride again this weekend as the Roy Rogers and Dale Evans Western Film Festival moseys into Victorville. The seventh annual festival commemorates the lives and careers of legendary and beloved singing stars Roy and Dale with daylong screenings, a collectors' swap meet, silent auction, celebrity autograph session and awards banquet (at 6:30 tonight).... Lucky for posterity, 'crazy' ranch owner held off developers Many people thought Muriel MacGregor crazy. She was never the same after that stroke. She couldn't run the family ranch properly but refused to sell it to developers swooping down on one of Colorado's most scenic and historic ranches. The 2,100-acre spread settled by her grandfather, Alexander Q. MacGregor, in 1873 snuggles up against Rocky Mountain National Park. Set in a ponderosa-fringed meadow, the ranch overlooks Longs Peak and is guarded by the famous Twin Owls rock formation.... On The Edge Of Common Sense: That crazy cow turned out to be a lifesaver Kevin bought the crazy cow at the Willcox sale. She was a big, black, hornless, part braymer with a red patch of hair on her poll like Woody Woodpecker. That spring they planned to move a few of the cows to a far pasture in the gooseneck trailer. All but the crazy cow loaded. She ran to the backside of the corral and paced the fence....
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Editorial: Wyoming Is Crying Wolf The federal government's program to reintroduce the gray wolf to Yellowstone National Park in 1995 and 1996 was cheered in most of the country for restoring a critical link in the balance of nature in the nation's first such park. Not, however, in Wyoming. Ranchers feared for their herds, despite explicit federal permission to shoot any wolf caught attacking cattle or sheep, plus a promise of full reimbursement for any losses. The losses have been far less than feared, and the affected ranchers have been compensated. But the fear and loathing linger.... Wolves strike Madison Valley ranch A federal official said Friday that whoever illegally killed a collared wolf in the Madison Valley scuttled trackers' efforts to find the wolves that had attacked a dog hours earlier. Ed Bangs, wolf recovery leader for the U.S. Fish and Wildlife Service, said a wolf that had been collared on Thursday was spotted from an airplane Friday afternoon bloodied and lying in a snowbank. Officials had been using that wolf to track down and kill members of the Sentinel pack, which is suspected of four attacks on livestock in the Madison Valley over the past week.... Feds OK killing of wolf pack A federal wildlife official ordered the Sentinel wolf pack destroyed Friday after it killed a Cameron family's dog near their house. The pack of six wolves has been hanging around Todd and Barbie Durham's home since mid-February. Earlier this week, the wolves killed a neighbor's yearling steer within 200 yards of three homes. U.S. Fish and Wildlife Service agents darted one of the female wolves and fitted a radio collar on it after the pack killed the steer. FWS officials said then that three of the six wolves in the pack would be destroyed.... All fishing closed on Methow, Chewuch, Wenatchee rivers Fishing of all kinds will close March 5 on the Methow, Chewuch and Wenatchee rivers to protect upper Columbia River steelhead listed for protection under the federal Endangered Species Act (ESA), the Washington Department of Fish and Wildlife (WDFW) announced recently. The closure includes the winter whitefish-fishing season, which typically runs from December 1 through March 31 in those three rivers.... Nationwide Easter Bunny Count Eight hundred volunteer wildlife watchers will be deployed throughout Germany in March in a giant rabbit count aimed at giving the clearest picture yet of the nation's endangered bunny population. Coordinated by leading scientific institutes, volunteers will count the rabbits one hour after nightfall when they come out to feed, said Armin Winter, animal conservation expert from the German Hunting Protection League. In contrast to countries like Australia, where rabbits have multiplied at an explosive rate and have long been viewed as pests, the fluffy creatures are on the list of endangered species in Germany. Industrialization and intensive farming has depleted their natural habitat.... Agency says it won't turn Kirwin National Wildlife Refuge over to state Federal officials on Friday backed off the idea of turning the Kirwin National Wildlife Refuge over to the state of Kansas, one day after saying the idea was under consideration. The U.S. Fish and Wildlife Service issued a statement late Friday saying Kirwin will remain in the national refuge system, for now, and is not being considered for transfer to the state.... Groups push feds to protect bloodsucking lampreys slate of environmental groups is demanding the federal government act to protect four species of eel-like bloodsucking fish known as lamprey. The 12 groups in three West Coast states claim the government hasn't taken the necessary steps to list the lampreys as threatened or endangered. They had first asked the U.S. Fish and Wildlife Service to consider taking the action in January 2003.... Global Warming Could Be Affecting Wolf-Moose Balance Wolves are up and moose are down this spring at Isle Royale National Park, the home of a 46-year study of predators and their prey. Researchers suspect that a global warming trend may be behind the shift. The moose population has slid to 750 on this Lake Superior wilderness island park, down from 900 last year and 1,100 in 2002. In the meantime, the number of wolves has seesawed upward over the past decade and is now up to 29, as many as the park has seen since 1980 and 11 more than last year. What's bad for moose has been good for the wolves, and moose throughout North America have been hit hard by warmer temperatures that began in 1998 with El Nino and never let up, according to Professor Rolf Peterson of Michigan Technological University, who has lead the study of Isle Royale's wolves and moose for 34 years.... Wolves kill four cows on Hammett ranch A rancher near Hammett says wolves have killed four head of cattle, and he worries his family may be in danger. Federal Fish and Wildlife Services officials have agreed to step-in and remove three wolves, but the rancher says that will not be enough. The 50,000 acre farm sits about ten miles outside Hammett. The landowner worries other wolves will eventually roam his fields threatening his livelihood and his family's safety.... Fort Belknap bison breed tension After complaining for weeks that bison from the Fort Belknap Reservation herd were destroying his fences and forcing his cattle off their winter feed, a Cleveland-area rancher has reportedly shot five wandering bison. Dustin Hofeldt, whose family ranches 25 miles south of Chinook, won't comment on the accusation, but he said at least 200 bison have been on his land periodically since the first of January. "They just come over here because it's the only grass around," Hofeldt said.... Navy wants more BLM land set aside in Campo Special-operations forces who undertake dangerous combat missions have used this remote site of nearly 1,100 acres in the backcountry since 1986. But now Navy officials want to ensure that ever-increasing development does not encroach on training. The Navy is seeking to set aside an additional 4,486 acres of federal Bureau of Land Management property as a buffer between the training center and surrounding communities.... White House Race Pits Oil Drilling Vs Conserving U.S. voters hit with soaring gasoline prices can choose between two presidential candidates with contrary ways to escape the energy morass -- a Democrat pushing conservation and a Republican who wants to drill his way out. Painting the energy policies of Republican President Bush and his Democrat opponent John Kerry as supply-side versus demand-side risks oversimplification. But in large part, Bush's energy policy seeks to expand supplies of domestic oil and natural gas, while Kerry, a senator from Massachusetts, focuses on developing alternative fuels and renewable sources to reduce U.S. demand for oil.... Editorial: Dear feds, help! Where are our members in Congress (Reid, Ensign, Gibbons, Berkley, and Porter) when we need them? They won't hesitate to give you their views about such high profile issues as Yucca Mountain, yet remain strangely silent about assisting counties that are financially boxed in by the federal government. Payments in Lieu of Taxes (PILT) are federal payments to local governments that help offset losses in property taxes due to nontaxable federal lands within their boundaries. Since the federal government claims dominion over 98 percent of Nye, the county is limited to collecting taxes on the remaining two percent.... Time bomb: Development explodes near sites where munitions didn't Untold thousands of aging, unexploded bombs are scattered across Colorado, hidden military leftovers that health experts call a growing hazard and a mess that will cost taxpayers hundreds of millions of dollars to clean up. State regulators have identified at least two dozen sites where old ordnance has been found. The one causing the greatest alarm: the former Lowry Bombing and Gunnery Range southeast of Denver, where workers have discovered more than 3,000 live munitions - with 75 percent of the search-and-destroy work still to come.... State lands fail to serve schools The State Land Board could have brought in as much as $4.2 million for public schools in recent years through better use of state rangelands, state auditors say. Instead, between 1998 and 2002 the state lost a small amount of money managing the lands, the Audits Division reported this week. Auditors said the board would come closer to fulfilling its obligation either by selling all or part of the rangelands or by keeping the lands and charging the market rate for grazing.... How Industry Won the Battle of Pollution Control at E.P.A. ust six weeks into the Bush administration, Haley Barbour, a former Republican party chairman who was a lobbyist for electric power companies, sent a memorandum to Vice President Dick Cheney laying down a challenge. "The question is whether environmental policy still prevails over energy policy with Bush-Cheney, as it did with Clinton-Gore," Mr. Barbour wrote, and called for measures to show that environmental concerns would no longer "trump good energy policy." Mr. Barbour's memo was an opening shot in a two-year fight inside the Bush administration for dominance between environmental protection and energy production on clean air policy. One camp included officials, like Mr. Cheney, who came from the energy industry. In another were enforcers of environmental policy, led by Christie Whitman, a former Republican governor of New Jersey.... Column: The Fog of Warming On Wednesday and for the fourth time in the past two years, John McCain's Senate Committee on Commerce, Science and Transportation staged a platform to publicize global warming. Just the day before, the Union of Concerned Scientists (UCS) preempted the committee to announce another yet another McCain hearing, scheduled for next week, to air a UCS report alleging misuse of science by the Bush administration. The senior senator from Arizona has of late been eager to prove the UCS thesis. He called a hearing in January 2003, prior to Congress even convening, to trot out Sen. "Kyoto Joe" Lieberman as an expert witness. Lieberman is McCain's climate Doppelganger who co-authored their legislation implementing the (unratified) global warming treaty. At that hearing, the Connecticut Yankee did not disappoint, helpfully informing the Senate that 2002 was the second-warmest year on record, and would've been warmer but that there was a manufacturing slowdown (we can't make this stuff up).... Snowpack to swell Rio Grande Snowpack runoff from mountains in southern Colorado and New Mexico is expected to be higher than last year, but area farmers such as Chanon Singh say that although the news is good, they still plan to be cautious with their water supplies. February storms, which have continued into the first few days of March, have increased the amount of snow, which melts and runs off into the Rio Grande Basin, but that situation doesn't signal an end to the drought in New Mexico, U.S. Department of Agriculture officials said Friday. "We're excited about the snowpack and the amount of moisture we've received lately," New Mexico State Engineer John D'Antonio said. "But we've got a big shortfall to make up in terms of our reservoirs.".... Rocky Ford water lease gets federal blessing The federal Bureau of Reclamation has given Aurora its blessing to temporarily store more than 12,600 acre-feet of water in Pueblo Reservoir, making the High Line Canal water transfer the largest short-term water lease in Colorado history. Aurora leased the water from 152 water holders on the canal for about $5.5 million, but needed federal approval to store the water for 12 months in the reservoir, which is part of the federally operated Arkansas-Frying Pan project.... Omaha, Neb., Western Clothing Retailer to Close Last Store Stockmen's Western Wear, an Omaha tradition in retail western apparel, has met the same fate as the Livestock Exchange Building and the Omaha Stockyards. Stockmen's will close its last store, at 4650 L St. in south Omaha, after almost 58 years of business. A close-out sale which began about four weeks ago ends Sunday. The store's growth and history have been intertwined with the Livestock Exchange Building, its first home when it opened in April 1946, and the Omaha Stockyards, from which it drew many of its customers....
Cowboys weaving words of lore With its 18th annual promise of roughhewn rhymes, folk singing, hearty campfire meals and kindred spirits, the Texas Cowboy Poetry Gathering is a working wordsmith's paradise. The event began Friday at Sul Ross State University. Most of this year's 40 participants have been cowboys and ranchers — and many still are, like J.B. Allen, who has lived 30 years on his West Texas ranch at Whiteface, 13 miles from Levelland.... U.S. animal tracking plan seen beginning by summer The first steps in a national animal identification program aimed at combating the spread of illnesses such as mad cow disease could begin this summer, a U.S. Department of Agriculture official said on Friday. The program, details of which are still being developed by USDA, would begin with voluntary participation, but may become mandatory if, for example, the livestock industry avoids it in large numbers, officials said at a hearing of the U.S. House of Representatives Agriculture Committee. The hearing was held at the annual Houston Rodeo and Livestock Show before an audience of trade officials and ranchers.... Blaze happy trails with Roy and Dale at the Western Film Festival The King of the Cowboys and the Queen of the West ride again this weekend as the Roy Rogers and Dale Evans Western Film Festival moseys into Victorville. The seventh annual festival commemorates the lives and careers of legendary and beloved singing stars Roy and Dale with daylong screenings, a collectors' swap meet, silent auction, celebrity autograph session and awards banquet (at 6:30 tonight).... Lucky for posterity, 'crazy' ranch owner held off developers Many people thought Muriel MacGregor crazy. She was never the same after that stroke. She couldn't run the family ranch properly but refused to sell it to developers swooping down on one of Colorado's most scenic and historic ranches. The 2,100-acre spread settled by her grandfather, Alexander Q. MacGregor, in 1873 snuggles up against Rocky Mountain National Park. Set in a ponderosa-fringed meadow, the ranch overlooks Longs Peak and is guarded by the famous Twin Owls rock formation.... On The Edge Of Common Sense: That crazy cow turned out to be a lifesaver Kevin bought the crazy cow at the Willcox sale. She was a big, black, hornless, part braymer with a red patch of hair on her poll like Woody Woodpecker. That spring they planned to move a few of the cows to a far pasture in the gooseneck trailer. All but the crazy cow loaded. She ran to the backside of the corral and paced the fence....
Permalink
Friday, March 05, 2004
DIAMOND BAR CATTLE COMPANY
It has been reported to me the NM Livestock Board did not vote on the MOU, because it was not on the agenda. As a result, the MOU stands as signed by Mr. Manzanares.
The attorney for the Paragon Foundation was there, and it is my understanding a lawsuit will be filed against the Board.
Also at the meeting, board member Joe Delk asked that a letter be sent to the U.S. attorney, containing a series of questions. Mr. Delk was told that the letter would be sent, after review by the Attorney General. The following is the proposed text of the letter:
The New Mexico Livestock Board respectfully submits this letter to the attorneys for the Forest Service in the matter of Laney v. USA.
The Board’s purpose is to foster an atmosphere of cooperation and to increase understanding of the legal questions involved. It is the intention of the New Mexico Livestock Board to strictly adhere to its obligation under the law. The NMLB entreats all parties to refrain from action during this exchange of letters.
The NMLB asks that the attorneys for the Forest Service answer the following questions in sufficient detail and in a manner that would facilitate understanding by a group of non-attorneys. Most of the questions that have caused concern to the Board will probably seem simplistic and off point to individuals engaged in the legal profession. But if you could help us understand the context and meaning of the Court’s opinion, perhaps our members could work our way around the margins to the core of the decision. We are possessed of the Court’s opinions and in our limited understanding the decisions raise more questions than they answer. In this vein, we ask that you resist simply citing the Court and instead address the concern behind the question. Also, we ask that legal terms be substituted with plain language wherever possible.
1. Please explain the extent of the jurisdiction of the Court in this case. What evidence did the Court permit? What were the limits of the evidence? Did the Court consider or allow anything beyond the Forest Service regulations?
2. Cite exactly the authority under which the Court orders the impoundment and removal of the Laney’s cattle.
3. In Fort Leavenworth Ry.Co. v. Lowe, Minnesota v. Bachelder and Woodruff v. Mining Co. and others the Supreme Court has consistently held that without a specific grant of jurisdiction from the State the United States is no more than a mere proprietor over lands within the State. Why would the Forest Service be more than a mere proprietor in this case? Is the Gila National Forest a federal enclave? (Note: As dealt with in Woodruff v. Mining Co. the “disclaimer clause” in the New Mexico Enabling Act would not qualify as a grant of jurisdiction.)
4. If, as we read, the Forest Service is no different than any other land owner in New Mexico, why wouldn’t Garland v. Wynn apply wherein the Supreme Court stated, “The Courts of a state must determine the validity of title to land within the state, even if the title emanates from the United States or if the controversy involves the construction of federal statutes.”
5. Why wouldn’t Printz v. United States apply in this situation? In Printz the Supreme Court stated, “We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the states officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the State’s officers, or those of their political subdivisions, to administer, or enforce a federal regulatory program. It matters not whether policymaking is involved, and no case-by-case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty.”
6. In one document produced by the Court it stated, “The United States has authority, pursuant to 36 CFR § 262.10 and the common law of trespass, to remove and impound unauthorized livestock from National Forest Lands and need not seek or obtain a court order to do so.” We covered the CFR regs in questions 1, 2 and 5. This question involves “the common law of trespass”. In Coyle v. Oklahoma and Pollard v. Hagan the Supreme Court held that states hold “sovereignty and jurisdiction over all the territory within [their] limits, subject to the common law, to the extent that [they] possessed it before [they] ceded it to the United States.” Why wouldn’t the Court’s citation of the “common law of trespass” tend to support the Laney’s point that their vested rights need to go to a State Court?
7. In the Federal Land Policy and Management Act, The Public Rangelands Improvement Act, The Forest Management Act and the Wilderness Act all together contain over a dozen disclaimers making the legislation subject to “valid existing rights” that go right to the controversy in this issue. Why don’t these “valid existing rights” deserve a court hearing according to Garland v. Wynn?
8. The Laneys, in fact, have declared theirs is a “vested right” which is, (according to Stockley v. United States, Wyoming v. United States and Writh v. Branson) a superior right to a “valid existing right”. Did the Court consider the “vested right” claims of the Laneys that predated the establishment of the Gila National Forest?
9. What is the nature and extent of the servient estate over which the Forest Service is a proprietor?
10. Is there any order of any Court that directly orders or compels the New Mexico Livestock Board to do anything that does not conform to its statutory responsibility? If so, cite precisely.
11. Is there any order of any Court that directly orders or compels the New Mexico Livestock Board to do anything beyond its statutory jurisdiction? If so, cite precisely.
12. Is there any order of any Court that directly orders or compels the New Mexico Livestock Board to treat the Forest Service any differently than any other landowner in New Mexico? If so, cite precisely.
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Ranchers Protest Court Order Allowing Cattle Seizures
About 100 ranchers appeared before the New Mexico Livestock Board Friday to protest a court order that allows the federal government to seize cattle that wander into the Gila National Forest.
A court order issued in December gave the federal government the right to impound cattle owned by New Mexico rancher Kit Laney, who owns property near the national forest.
Cattle from Laney's ranch, Diamond Bar, often graze in the Gila Forest, which is protected by the federal government.
The ranchers who crowded in front of the New Mexico Livestock Board said they were upset about the court order.
In addition, they said they are angry at the land board's chairman signed a memorandum of agreement saying the board understands the federal order and will abide by it.
"We feel like the attorney general's office steamrolled the chairman and he signed it, and their own bylaws don't allow it," one rancher complained.
The ranchers said the land board should be fighting for their rights, not for the federal government.
The board's lawyer said the agreement follows a federal judge's order and does not advocate for either party involved in the legal dispute.
A land board member drafted a letter to the attorney general Friday asking for more information about the memorandum of understanding before members approve it.
Laney's attorney said a contractor is on Diamond Bar now and is impounding cattle.
There is a problem, however. No survey has been completed to determine where Laney's land ends and the federal government's property begins, officials said.
Copyright 2004 by TheNewMexicoChannel.com.
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March 4, 2004
Marcia Andre, Supervisor
Gila National Forest
U.S. Department of Agriculture Forest Service
3005 E. Camino del Bosque
Silver City, New Mexico 88061 FAX: (505) 388-3204
Dear Supervisor Andre:
I am writing on behalf of the membership of the New Mexico Cattle Growers’ Association (NMCGA) to express concern and request extreme caution regarding the ongoing situation between the U.S. Forest Service (USFS) and the Diamond Bar Allotment. We are well aware that there is legal action involved and that there are court orders in place guiding your actions, at least in part.
However, we are extremely concerned about the highly inflammatory manner in which the USFS appears to be approaching the situation. We understand that there are some 16 USFS law enforcement officers (LEOs) supplemented by search dogs patrolling the area. While some security might be necessary, forces of this size and nature are an invitation to conflict. This sort of attempt at fear and intimidation may only antagonize anyone who happens to be in the area.
Furthermore, given the recent moisture the area has received, we are seriously concerned about the impact of all of this activity on muddy roads and ultimately water quality.
Finally, we are hearing rumors that threats are being made by the livestock community against the USFS and/or its contractors. We have certainly counseled caution in this area. While we know that you have no more direct control over the rumor mill than we do, we believe that you can exert some control over the participation in it by employees under your direction. Not only are such statements counter-productive to a peaceful resolution to the current situation, but also they may be actionable under the law.
Thank you in advance for your consideration of our requests for restraint on behalf of the USFS. This situation can end without conflict, but only if all parties concerned act responsibly and with respect for the rights and feelings of others.
Sincerely,
Caren Cowan
Executive Director
Permalink
It has been reported to me the NM Livestock Board did not vote on the MOU, because it was not on the agenda. As a result, the MOU stands as signed by Mr. Manzanares.
The attorney for the Paragon Foundation was there, and it is my understanding a lawsuit will be filed against the Board.
Also at the meeting, board member Joe Delk asked that a letter be sent to the U.S. attorney, containing a series of questions. Mr. Delk was told that the letter would be sent, after review by the Attorney General. The following is the proposed text of the letter:
The New Mexico Livestock Board respectfully submits this letter to the attorneys for the Forest Service in the matter of Laney v. USA.
The Board’s purpose is to foster an atmosphere of cooperation and to increase understanding of the legal questions involved. It is the intention of the New Mexico Livestock Board to strictly adhere to its obligation under the law. The NMLB entreats all parties to refrain from action during this exchange of letters.
The NMLB asks that the attorneys for the Forest Service answer the following questions in sufficient detail and in a manner that would facilitate understanding by a group of non-attorneys. Most of the questions that have caused concern to the Board will probably seem simplistic and off point to individuals engaged in the legal profession. But if you could help us understand the context and meaning of the Court’s opinion, perhaps our members could work our way around the margins to the core of the decision. We are possessed of the Court’s opinions and in our limited understanding the decisions raise more questions than they answer. In this vein, we ask that you resist simply citing the Court and instead address the concern behind the question. Also, we ask that legal terms be substituted with plain language wherever possible.
1. Please explain the extent of the jurisdiction of the Court in this case. What evidence did the Court permit? What were the limits of the evidence? Did the Court consider or allow anything beyond the Forest Service regulations?
2. Cite exactly the authority under which the Court orders the impoundment and removal of the Laney’s cattle.
3. In Fort Leavenworth Ry.Co. v. Lowe, Minnesota v. Bachelder and Woodruff v. Mining Co. and others the Supreme Court has consistently held that without a specific grant of jurisdiction from the State the United States is no more than a mere proprietor over lands within the State. Why would the Forest Service be more than a mere proprietor in this case? Is the Gila National Forest a federal enclave? (Note: As dealt with in Woodruff v. Mining Co. the “disclaimer clause” in the New Mexico Enabling Act would not qualify as a grant of jurisdiction.)
4. If, as we read, the Forest Service is no different than any other land owner in New Mexico, why wouldn’t Garland v. Wynn apply wherein the Supreme Court stated, “The Courts of a state must determine the validity of title to land within the state, even if the title emanates from the United States or if the controversy involves the construction of federal statutes.”
5. Why wouldn’t Printz v. United States apply in this situation? In Printz the Supreme Court stated, “We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the states officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the State’s officers, or those of their political subdivisions, to administer, or enforce a federal regulatory program. It matters not whether policymaking is involved, and no case-by-case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty.”
6. In one document produced by the Court it stated, “The United States has authority, pursuant to 36 CFR § 262.10 and the common law of trespass, to remove and impound unauthorized livestock from National Forest Lands and need not seek or obtain a court order to do so.” We covered the CFR regs in questions 1, 2 and 5. This question involves “the common law of trespass”. In Coyle v. Oklahoma and Pollard v. Hagan the Supreme Court held that states hold “sovereignty and jurisdiction over all the territory within [their] limits, subject to the common law, to the extent that [they] possessed it before [they] ceded it to the United States.” Why wouldn’t the Court’s citation of the “common law of trespass” tend to support the Laney’s point that their vested rights need to go to a State Court?
7. In the Federal Land Policy and Management Act, The Public Rangelands Improvement Act, The Forest Management Act and the Wilderness Act all together contain over a dozen disclaimers making the legislation subject to “valid existing rights” that go right to the controversy in this issue. Why don’t these “valid existing rights” deserve a court hearing according to Garland v. Wynn?
8. The Laneys, in fact, have declared theirs is a “vested right” which is, (according to Stockley v. United States, Wyoming v. United States and Writh v. Branson) a superior right to a “valid existing right”. Did the Court consider the “vested right” claims of the Laneys that predated the establishment of the Gila National Forest?
9. What is the nature and extent of the servient estate over which the Forest Service is a proprietor?
10. Is there any order of any Court that directly orders or compels the New Mexico Livestock Board to do anything that does not conform to its statutory responsibility? If so, cite precisely.
11. Is there any order of any Court that directly orders or compels the New Mexico Livestock Board to do anything beyond its statutory jurisdiction? If so, cite precisely.
12. Is there any order of any Court that directly orders or compels the New Mexico Livestock Board to treat the Forest Service any differently than any other landowner in New Mexico? If so, cite precisely.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Ranchers Protest Court Order Allowing Cattle Seizures
About 100 ranchers appeared before the New Mexico Livestock Board Friday to protest a court order that allows the federal government to seize cattle that wander into the Gila National Forest.
A court order issued in December gave the federal government the right to impound cattle owned by New Mexico rancher Kit Laney, who owns property near the national forest.
Cattle from Laney's ranch, Diamond Bar, often graze in the Gila Forest, which is protected by the federal government.
The ranchers who crowded in front of the New Mexico Livestock Board said they were upset about the court order.
In addition, they said they are angry at the land board's chairman signed a memorandum of agreement saying the board understands the federal order and will abide by it.
"We feel like the attorney general's office steamrolled the chairman and he signed it, and their own bylaws don't allow it," one rancher complained.
The ranchers said the land board should be fighting for their rights, not for the federal government.
The board's lawyer said the agreement follows a federal judge's order and does not advocate for either party involved in the legal dispute.
A land board member drafted a letter to the attorney general Friday asking for more information about the memorandum of understanding before members approve it.
Laney's attorney said a contractor is on Diamond Bar now and is impounding cattle.
There is a problem, however. No survey has been completed to determine where Laney's land ends and the federal government's property begins, officials said.
Copyright 2004 by TheNewMexicoChannel.com.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
March 4, 2004
Marcia Andre, Supervisor
Gila National Forest
U.S. Department of Agriculture Forest Service
3005 E. Camino del Bosque
Silver City, New Mexico 88061 FAX: (505) 388-3204
Dear Supervisor Andre:
I am writing on behalf of the membership of the New Mexico Cattle Growers’ Association (NMCGA) to express concern and request extreme caution regarding the ongoing situation between the U.S. Forest Service (USFS) and the Diamond Bar Allotment. We are well aware that there is legal action involved and that there are court orders in place guiding your actions, at least in part.
However, we are extremely concerned about the highly inflammatory manner in which the USFS appears to be approaching the situation. We understand that there are some 16 USFS law enforcement officers (LEOs) supplemented by search dogs patrolling the area. While some security might be necessary, forces of this size and nature are an invitation to conflict. This sort of attempt at fear and intimidation may only antagonize anyone who happens to be in the area.
Furthermore, given the recent moisture the area has received, we are seriously concerned about the impact of all of this activity on muddy roads and ultimately water quality.
Finally, we are hearing rumors that threats are being made by the livestock community against the USFS and/or its contractors. We have certainly counseled caution in this area. While we know that you have no more direct control over the rumor mill than we do, we believe that you can exert some control over the participation in it by employees under your direction. Not only are such statements counter-productive to a peaceful resolution to the current situation, but also they may be actionable under the law.
Thank you in advance for your consideration of our requests for restraint on behalf of the USFS. This situation can end without conflict, but only if all parties concerned act responsibly and with respect for the rights and feelings of others.
Sincerely,
Caren Cowan
Executive Director
Permalink
NEWS ROUNDUP
Pitch canker found in Sierras, normally attacks coastal trees U.S. Forest Service officials have confirmed the first known case of pitch canker disease in the Sierra Nevada, shocking scientists who doubted the tree-killer could survive in the region's harsh climate and causing concern that it could take hold there. Two Douglas fir trees in an El Dorado National Forest seed orchard were infected with the disease, the Forest Service announced. Both trees were destroyed earlier this week, and now scientists are preparing to tackle the huge task of searching the rest of the Sierra Nevada to find out how widespread the canker is -- if it's still there at all.... Course Is 'Forensic Files' of Wildlife Investigation When 15 students in a brand-new Mississippi State University academic course shoulder their backpacks and head to class, textbooks aren’t their major concern. In addition to their normal note-taking tools, they’re packing fingerprint powder, evidence markers and cotton swabs. The students are a new breed of forensic scientists—those learning to investigate crimes against wildlife and the great outdoors. In a class being taught at MSU for the first time this semester by the husband-wife team of Richard Minnis and Clare Chesnavage, the future forensic scientists are getting hands-on training in tracking crimes ranging from hunting out of season to importing restricted animals.... Islands' Foxes Are Now Protected Minutes after federal officials announced Thursday that the animal would be protected under the Endangered Species Act, a baby Channel Islands fox scampered across its pen, flopped onto a small hammock and dozed off. The much-anticipated announcement was no big deal for the grayish, housecat-sized fox, but it marked a major step for scientists, conservationists and park officials desperately trying to save a creature that is nearly extinct. About 75 foxes roam Santa Cruz Island — down from about 1,500 a decade ago. After years of campaigning by conservationists, U.S. Fish and Wildlife Service officials have added to the federal endangered list four subspecies of wild foxes native to Santa Cruz, Santa Rosa, San Miguel and Santa Catalina islands off the Ventura and Los Angeles county coasts. A little more than 300 wild foxes remain on the four islands.... Scientists to reconsider sturgeon protection A judge has ordered federal fisheries scientists to reconsider their finding that green sturgeon do not merit Endangered Species Act protection, saying the failure to take into account the large loss of spawning habitat made no sense. The ruling by U.S. Magistrate Elizabeth Laporte in San Francisco was a step forward for environmentalists battling the Bush administration over the loss of fish and wildlife habitat on the West Coast to irrigation, particularly in the Klamath Basin and California's Central Valley. "The message is the ecosystem is collapsing and the economic value of protecting these areas is far greater than diverting water to grow subsidized crops," said Wendell Wood of the Oregon Natural Resources Council, one of the conservation groups that brought the lawsuit. Brent Plater, an attorney for the Center for Biological Diversity, said the ruling was significant because it declared the failure to analyze the loss of spawning habitat was "arbitrary and capricious.".... Enviro groups cry foul Tribes, fishermen groups and environmentalists are claiming a betrayal of trust because they say PacifiCorp's application to renew operations of Klamath River dams overlooks salmon restoration options. "Although the relicensing process provided stakeholders with a form to voice their concerns as the proposed license was developed, many charge that the final product ignored their input, the input of the scientific community, and most importantly, the needs of Klamath River salmon," said Craig Tucker with Friends of the River in a March 1 press release.... One for the books: Hounds tree Michigan wolverine When Thumb-area coyote hunters turned their hounds loose in Huron County on the morning of Feb. 24, they had little idea that it would become a historical day. A coyote or fox was the intended quarry, and a primary purpose of the hunt was to listen to the chorus of hounds on a hot scent. In no time, the hounds hit a hot scent trail meandering through the freshly fallen snow. But the tracks of the animal being pursued puzzled the hunters. None of them could identify the tracks. “We actually thought that maybe it was a mountain lion that had come across from Canada on the ice,” said Cass City’s John Boland, who was in on the chase. “It was a track none of us had ever seen before and we wanted to see what it was.” Soon, the object of the chase was sighted and the hunters surmised that it was a wolverine.... USFWS Chief: Wyoming must bend Wyoming lawmakers are going to have to compromise in order for wolves to be taken off the endangered species list, U.S. Fish and Wildlife Service Director Steve Williams said Thursday. "The stumbling block is unregulated take," Williams said. "Call them what you want. The predator class in Wyoming is unregulated take. The Endangered Species Act says you have to have adequate regulatory mechanisms. To approve a plan that does not conform with the law doesn't make any sense.".... Group sues fisheries service over steelhead listing A group representing farmers in Eastern Washington and Oregon sued the National Marine Fisheries Service on Thursday, saying the agency is illegally listing Columbia River and upper Willamette River steelhead as threatened under the Endangered Species Act. The Pacific Legal Foundation argued that when counting the fish, the fisheries service must include wild and hatchery-raised steelhead, as dictated by a federal court ruling concerning coho salmon in Oregon in 2001. In addition, the lawsuit, filed in U.S. District Court in Yakima, says the fisheries service must count rainbow trout, which it says are scientifically indistinct from steelhead, though rainbows remain in fresh water while steelhead migrate to the ocean.... Administration Negotiating Transfer of Kirwin National Wildlife Refuge to State of Kansas The U.S. Fish and Wildlife Service is in discussions to surrender management of a national wildlife refuge and turn it over to a state agency, according to an agency email released today by the Blue Goose Alliance and Public Employees for Environmental Responsibility (PEER). The groups are expressing concern about both the legality and wisdom of dismantling the National Wildlife Refuge System in a letter they also released today.... DCI investigates wolf incident The state Division of Criminal Investigation is looking into the incident of tranquilized wolves left on private land near Meeteetse on Feb. 14. Park County Attorney Bryan Skoric said he requested the DCI investigation into possible criminal trespass charges Tuesday afternoon. The DCI could spend up to two weeks talking with "witnesses and potential suspects" and reviewing paperwork including maps and Global Positioning System coordinates, Skoric said Wednesday. "I want to gather all the facts," Skoric said. He said criminal trespass is a misdemeanor under Wyoming law.... Park Service official quits in protest The National Park Service's Number Two man in charge of wilderness programs has quit in protest. Jim Walters, who'd worked for the Park Service for 37 years, says the agency has shirked its legal responsibilities to protect the wild back country.... New federal drilling plan benefits a Republican donor The federal government has eased oil and gas drilling restrictions on a large tract of desert grassland in New Mexico in a decision that benefits a large Republican donor in the state. The donor, George Yates, said his contributions and fund-raising assistance to Vice President Dick Cheney had nothing to do with the decision. The Interior Department says its drilling plan, while opening up more land in Otero Mesa, will be the most restrictive ever. The Bush administration "would allow 141 oil and gas wells over about 7 million acres; Interior is committed to protecting our public lands," department spokesman Mark Pfeifle said. However, environmentalists are crying foul.... Stretch of Colo. land becomes battleground It's a deceptively peaceful scene. The Roan is a battleground, much as it was in 1894 when cattlemen vying for grazing rights against sheep ranchers drove 4,000 sheep off the cliffs in a clash known as the Peach Day Massacre. More than a century later, the latest fight over the Roan — owned by the American public and managed by the Department of Interior's Bureau of Land Management — focuses on natural gas. Deep beneath the plateau rests 5.5 trillion cubic feet of natural gas, enough to heat 2.5 million homes for 20 years. Drilling on the plateau for natural gas, which the Bush administration has signaled it favors, would bring jobs and more than $100 million for the local county. So it is supported by some local chambers of commerce and regional government associations.... Monument probe ends: U.S. reviews complaints, backs Grand Staircase-Escalante managers The embattled managers of the Grand Staircase-Escalante National Monument have been exonerated of allegations of wrongdoing, according to a federal investigation initiated at the request of Sen. Orrin Hatch. The probe looked into allegations that monument management engaged in illegal hiring practices, intimidated staff and sought to eliminate livestock grazing within the 1.9-million-acre federal reserve in southern Utah. "No evidence was found to indicate that any illegal activities or violations of regulations occurred related to the grazing program. The investigation also found no evidence of illegal personnel practices," according to a U.S. Department of Interior memorandum obtained by The Salt Lake Tribune through the Freedom of Information Act.... Court Decision Gives GE Chance to Sue EPA A federal appeals court has revived a lawsuit challenging the constitutionality of the 1980 Superfund law that allows the government to assess polluters for cleaning up toxic waste sites. The unanimous decision by a three-judge panel of the U.S. Court of Appeals directs a lower court judge to reopen General Electric Co.'s suit against the Environmental Protection Agency arising out of a planned $500 million cleanup of the upper Hudson River. U.S. District Court Judge John D. Bates wrongly dismissed the suit a year ago when he ruled GE didn't have standing to bring it until after EPA issued a cleanup order requiring the company to pay the entire cost of removing carcinogenic PCBs it had dumped into the river since the mid-1940s, the panel said. The lawsuit claimed the Superfund statute violates due process rights by giving regulators unchecked authority to order costly, intrusive cleanups with no chance at a timely review by the courts.... Interior proposes Trinity deal The federal government wants to end the years of litigation about flows on the Klamath water issue's other stem, the Trinity River. First, though, it would have to get the sides of the water debate to support a new proposal. Bennett Raley, an assistant Interior secretary, was in Northern California earlier this week meeting with the parties to a court fight over flows on the Trinity. He came with a proposal for "adaptive management," or flexible flow schedules for the river.... COLORADO RIVER: Plan to boost water share returns The federal government is evaluating a controversial plan that would allow Southern Nevada to draw more water from the Colorado River to meet the demands of a growing population in a drought-stricken desert. Federal lawyers are reviewing a decade-old proposal that would let the Southern Nevada Water Authority increase its allocations by adding water that flows into Lake Mead from the Virgin and Muddy rivers, said Bennett Raley, Interior Department assistant secretary for water and science, on Wednesday.... Reactions to Cloud Seeding Are Mixed at West Texas Meeting Like two thunderclouds clashing in a storm, opposite sides of the cloud-seeding issue collided Wednesday at a Texas Department of Licensing and Regulation public hearing. What started out as a gentle rain of opposition from speakers turned into a hailstorm of questions being fired at C.E. Williams, general manager of Panhandle Groundwater Conservation District.... Lawsuit heats up gold mining battle Colorado has become a battleground for the surging gold mining industry and its opponents - a group that includes environmentalists, ranchers, farmers and activists. The latest salvo was fired by the industry last week when the Colorado Mining Association sued Summit County for imposing a ban in late January on cyanide heap leach, a mining technique used to extract gold from low- grade ore.... The Most Expensive Ranches Michael Jackson's public image may be many things to different people, but one identity that doesn't immediately leap to mind is rancher. However, the name for his California home, Neverland Ranch, isn't just a matter of whimsy. By leasing out some of his land to a cattle rancher and agreeing not to develop the rest of it, like many landowners the King of Pop for years has received tax credits saving him tens of thousands of dollars in property taxes....
Permalink
Pitch canker found in Sierras, normally attacks coastal trees U.S. Forest Service officials have confirmed the first known case of pitch canker disease in the Sierra Nevada, shocking scientists who doubted the tree-killer could survive in the region's harsh climate and causing concern that it could take hold there. Two Douglas fir trees in an El Dorado National Forest seed orchard were infected with the disease, the Forest Service announced. Both trees were destroyed earlier this week, and now scientists are preparing to tackle the huge task of searching the rest of the Sierra Nevada to find out how widespread the canker is -- if it's still there at all.... Course Is 'Forensic Files' of Wildlife Investigation When 15 students in a brand-new Mississippi State University academic course shoulder their backpacks and head to class, textbooks aren’t their major concern. In addition to their normal note-taking tools, they’re packing fingerprint powder, evidence markers and cotton swabs. The students are a new breed of forensic scientists—those learning to investigate crimes against wildlife and the great outdoors. In a class being taught at MSU for the first time this semester by the husband-wife team of Richard Minnis and Clare Chesnavage, the future forensic scientists are getting hands-on training in tracking crimes ranging from hunting out of season to importing restricted animals.... Islands' Foxes Are Now Protected Minutes after federal officials announced Thursday that the animal would be protected under the Endangered Species Act, a baby Channel Islands fox scampered across its pen, flopped onto a small hammock and dozed off. The much-anticipated announcement was no big deal for the grayish, housecat-sized fox, but it marked a major step for scientists, conservationists and park officials desperately trying to save a creature that is nearly extinct. About 75 foxes roam Santa Cruz Island — down from about 1,500 a decade ago. After years of campaigning by conservationists, U.S. Fish and Wildlife Service officials have added to the federal endangered list four subspecies of wild foxes native to Santa Cruz, Santa Rosa, San Miguel and Santa Catalina islands off the Ventura and Los Angeles county coasts. A little more than 300 wild foxes remain on the four islands.... Scientists to reconsider sturgeon protection A judge has ordered federal fisheries scientists to reconsider their finding that green sturgeon do not merit Endangered Species Act protection, saying the failure to take into account the large loss of spawning habitat made no sense. The ruling by U.S. Magistrate Elizabeth Laporte in San Francisco was a step forward for environmentalists battling the Bush administration over the loss of fish and wildlife habitat on the West Coast to irrigation, particularly in the Klamath Basin and California's Central Valley. "The message is the ecosystem is collapsing and the economic value of protecting these areas is far greater than diverting water to grow subsidized crops," said Wendell Wood of the Oregon Natural Resources Council, one of the conservation groups that brought the lawsuit. Brent Plater, an attorney for the Center for Biological Diversity, said the ruling was significant because it declared the failure to analyze the loss of spawning habitat was "arbitrary and capricious.".... Enviro groups cry foul Tribes, fishermen groups and environmentalists are claiming a betrayal of trust because they say PacifiCorp's application to renew operations of Klamath River dams overlooks salmon restoration options. "Although the relicensing process provided stakeholders with a form to voice their concerns as the proposed license was developed, many charge that the final product ignored their input, the input of the scientific community, and most importantly, the needs of Klamath River salmon," said Craig Tucker with Friends of the River in a March 1 press release.... One for the books: Hounds tree Michigan wolverine When Thumb-area coyote hunters turned their hounds loose in Huron County on the morning of Feb. 24, they had little idea that it would become a historical day. A coyote or fox was the intended quarry, and a primary purpose of the hunt was to listen to the chorus of hounds on a hot scent. In no time, the hounds hit a hot scent trail meandering through the freshly fallen snow. But the tracks of the animal being pursued puzzled the hunters. None of them could identify the tracks. “We actually thought that maybe it was a mountain lion that had come across from Canada on the ice,” said Cass City’s John Boland, who was in on the chase. “It was a track none of us had ever seen before and we wanted to see what it was.” Soon, the object of the chase was sighted and the hunters surmised that it was a wolverine.... USFWS Chief: Wyoming must bend Wyoming lawmakers are going to have to compromise in order for wolves to be taken off the endangered species list, U.S. Fish and Wildlife Service Director Steve Williams said Thursday. "The stumbling block is unregulated take," Williams said. "Call them what you want. The predator class in Wyoming is unregulated take. The Endangered Species Act says you have to have adequate regulatory mechanisms. To approve a plan that does not conform with the law doesn't make any sense.".... Group sues fisheries service over steelhead listing A group representing farmers in Eastern Washington and Oregon sued the National Marine Fisheries Service on Thursday, saying the agency is illegally listing Columbia River and upper Willamette River steelhead as threatened under the Endangered Species Act. The Pacific Legal Foundation argued that when counting the fish, the fisheries service must include wild and hatchery-raised steelhead, as dictated by a federal court ruling concerning coho salmon in Oregon in 2001. In addition, the lawsuit, filed in U.S. District Court in Yakima, says the fisheries service must count rainbow trout, which it says are scientifically indistinct from steelhead, though rainbows remain in fresh water while steelhead migrate to the ocean.... Administration Negotiating Transfer of Kirwin National Wildlife Refuge to State of Kansas The U.S. Fish and Wildlife Service is in discussions to surrender management of a national wildlife refuge and turn it over to a state agency, according to an agency email released today by the Blue Goose Alliance and Public Employees for Environmental Responsibility (PEER). The groups are expressing concern about both the legality and wisdom of dismantling the National Wildlife Refuge System in a letter they also released today.... DCI investigates wolf incident The state Division of Criminal Investigation is looking into the incident of tranquilized wolves left on private land near Meeteetse on Feb. 14. Park County Attorney Bryan Skoric said he requested the DCI investigation into possible criminal trespass charges Tuesday afternoon. The DCI could spend up to two weeks talking with "witnesses and potential suspects" and reviewing paperwork including maps and Global Positioning System coordinates, Skoric said Wednesday. "I want to gather all the facts," Skoric said. He said criminal trespass is a misdemeanor under Wyoming law.... Park Service official quits in protest The National Park Service's Number Two man in charge of wilderness programs has quit in protest. Jim Walters, who'd worked for the Park Service for 37 years, says the agency has shirked its legal responsibilities to protect the wild back country.... New federal drilling plan benefits a Republican donor The federal government has eased oil and gas drilling restrictions on a large tract of desert grassland in New Mexico in a decision that benefits a large Republican donor in the state. The donor, George Yates, said his contributions and fund-raising assistance to Vice President Dick Cheney had nothing to do with the decision. The Interior Department says its drilling plan, while opening up more land in Otero Mesa, will be the most restrictive ever. The Bush administration "would allow 141 oil and gas wells over about 7 million acres; Interior is committed to protecting our public lands," department spokesman Mark Pfeifle said. However, environmentalists are crying foul.... Stretch of Colo. land becomes battleground It's a deceptively peaceful scene. The Roan is a battleground, much as it was in 1894 when cattlemen vying for grazing rights against sheep ranchers drove 4,000 sheep off the cliffs in a clash known as the Peach Day Massacre. More than a century later, the latest fight over the Roan — owned by the American public and managed by the Department of Interior's Bureau of Land Management — focuses on natural gas. Deep beneath the plateau rests 5.5 trillion cubic feet of natural gas, enough to heat 2.5 million homes for 20 years. Drilling on the plateau for natural gas, which the Bush administration has signaled it favors, would bring jobs and more than $100 million for the local county. So it is supported by some local chambers of commerce and regional government associations.... Monument probe ends: U.S. reviews complaints, backs Grand Staircase-Escalante managers The embattled managers of the Grand Staircase-Escalante National Monument have been exonerated of allegations of wrongdoing, according to a federal investigation initiated at the request of Sen. Orrin Hatch. The probe looked into allegations that monument management engaged in illegal hiring practices, intimidated staff and sought to eliminate livestock grazing within the 1.9-million-acre federal reserve in southern Utah. "No evidence was found to indicate that any illegal activities or violations of regulations occurred related to the grazing program. The investigation also found no evidence of illegal personnel practices," according to a U.S. Department of Interior memorandum obtained by The Salt Lake Tribune through the Freedom of Information Act.... Court Decision Gives GE Chance to Sue EPA A federal appeals court has revived a lawsuit challenging the constitutionality of the 1980 Superfund law that allows the government to assess polluters for cleaning up toxic waste sites. The unanimous decision by a three-judge panel of the U.S. Court of Appeals directs a lower court judge to reopen General Electric Co.'s suit against the Environmental Protection Agency arising out of a planned $500 million cleanup of the upper Hudson River. U.S. District Court Judge John D. Bates wrongly dismissed the suit a year ago when he ruled GE didn't have standing to bring it until after EPA issued a cleanup order requiring the company to pay the entire cost of removing carcinogenic PCBs it had dumped into the river since the mid-1940s, the panel said. The lawsuit claimed the Superfund statute violates due process rights by giving regulators unchecked authority to order costly, intrusive cleanups with no chance at a timely review by the courts.... Interior proposes Trinity deal The federal government wants to end the years of litigation about flows on the Klamath water issue's other stem, the Trinity River. First, though, it would have to get the sides of the water debate to support a new proposal. Bennett Raley, an assistant Interior secretary, was in Northern California earlier this week meeting with the parties to a court fight over flows on the Trinity. He came with a proposal for "adaptive management," or flexible flow schedules for the river.... COLORADO RIVER: Plan to boost water share returns The federal government is evaluating a controversial plan that would allow Southern Nevada to draw more water from the Colorado River to meet the demands of a growing population in a drought-stricken desert. Federal lawyers are reviewing a decade-old proposal that would let the Southern Nevada Water Authority increase its allocations by adding water that flows into Lake Mead from the Virgin and Muddy rivers, said Bennett Raley, Interior Department assistant secretary for water and science, on Wednesday.... Reactions to Cloud Seeding Are Mixed at West Texas Meeting Like two thunderclouds clashing in a storm, opposite sides of the cloud-seeding issue collided Wednesday at a Texas Department of Licensing and Regulation public hearing. What started out as a gentle rain of opposition from speakers turned into a hailstorm of questions being fired at C.E. Williams, general manager of Panhandle Groundwater Conservation District.... Lawsuit heats up gold mining battle Colorado has become a battleground for the surging gold mining industry and its opponents - a group that includes environmentalists, ranchers, farmers and activists. The latest salvo was fired by the industry last week when the Colorado Mining Association sued Summit County for imposing a ban in late January on cyanide heap leach, a mining technique used to extract gold from low- grade ore.... The Most Expensive Ranches Michael Jackson's public image may be many things to different people, but one identity that doesn't immediately leap to mind is rancher. However, the name for his California home, Neverland Ranch, isn't just a matter of whimsy. By leasing out some of his land to a cattle rancher and agreeing not to develop the rest of it, like many landowners the King of Pop for years has received tax credits saving him tens of thousands of dollars in property taxes....
Permalink
Thursday, March 04, 2004
DIAMOND BAR CATTLE COMPANY
For Immediate Release
3/4/04
Contact: Erik L. Ness - Director of Communications (505) 532-4705/
(505) 644-1416
(Las Cruces, N.M.) The New Mexico Farm and Livestock Bureau today urged the state agency involved with the ownership of livestock to use extreme caution regarding the disposition of cattle in the case involving ranchers Kit and Sherry Laney and the U.S. Forest Service.
The Forest Service is in the process of rounding up several hundred head of cattle belonging to the Diamond Bar Ranch in a dispute over grazing and property rights in the Gila National Forest in western New Mexico.
N.M. Farm Bureau President, Michael White of Dexter, said the Livestock Board must take action consistent with state law regarding the impoundment, movement and any potential sale of the Laney cattle.
"The New Mexico Livestock Board is facing monumental decisions in this case and our statewide organization will be watching very carefully any possible precedent setting actions of this panel as these cattle are gathered by a private contractor hired by the Forest Service," White said.
The Farm Bureau leader also said it is not up to the Livestock Board to further litigate the Laney case but to follow its statutory duty in regard to how these, or any other cattle, are impounded, inspected, transported or sold.
"We have been watching this case for more than a decade and are very concerned about the protection of property rights for our ranchers, farmers and all citizens." White said.
White stated that the N.M. Livestock Board is bound by statute to follow the state livestock code and associated laws and should not bow to political pressure from governmental officials or other groups.
"We fully realize the Livestock Board is acting in accordance with counsel from the N.M. Attorney General’s office and we urge the members of the brand board to carefully consider all aspects of such legal advice," White said.
In addition to cautioning the Livestock Board, White pointed out that the Forest Service should be completely transparent in all of its actions and dealings because of the controversial nature of this case.
The N.M. Farm and Livestock Bureau is urging its members statewide to express their concern to the state livestock agency and the state’s congressional delegation.
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Media advisory: For clarification the N.M. Farm and Livestock Bureau is a private, general agricultural organization with 17,000 family-members in all New Mexico counties.
The New Mexico Livestock Board is a state agency charged with the inspection of the sale and movement of cattle in the state. It also is known as the "Brand Board."
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March 2, 2004
To: Bill King, Chairman
New Mexico Livestock Board
PO Box 564
Stanley, New Mexico 87056
From: Joe Delk, Tweeti Blancett, David Kincaid
New Mexico Livestock Board Members
Subject: Memorandum of Understanding between New Mexico Livestock Board and United States Department of Agriculture, Forest Service concerning impoundment and movement of cattle from the Diamond Bar and Laney Grazing Allotments in the Gila National Forest.
As members of the New Mexico Livestock Board, we were caught completely by surprise to find this Memorandum of Understanding had been signed by our Executive Director without allowing each member of the Livestock Board to read, provide input and vote on this most important document. Where in the policy and procedures of the Livestock Board has this authority been delegated to the Executive Director?
It is not a stretch to say that this may be one of the most important decisions ever made by the Board. Is the precedent being established one that respects our oath to uphold the laws of New Mexico? Is the whole Board now required to accept liability for documents we have never discussed or voted on—or for that matter even seen? Will the precedents established concerning property rights, state law, Supreme Court decisions, and the jurisdiction of federal courts and agencies damage New Mexico and its’ citizens? Are we, as Board members, being lulled, or worse, intimidated into committing misfeasance? What is the harm in having our questions addressed in the open? Let’s take our time and deliberate on behalf of the great state and citizens we’ve sworn to serve..
We request this Memorandum of Understanding be set aside and the Forest Service be immediately advised of this action. We further request that you then place this memorandum on our agenda for discussion and action in open session at the board meeting on March 5, 2004.
If our appointments to this board mean anything, we expect to be included in the decision-making process especially concerning issues as critical as the one that this MOU addresses.
___________________________ ___________________________
Joe Delk Tweeti Blancett
___________________________
David Kincaid
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Bill King, Chairman
New Mexico Livestock Board
Dear Mr. King:
The New Mexico Public Lands Council represents ranchers grazing livestock on land administered by the US Forest Service, Bureau of Land Management and the New Mexico State Land Office. Our organization is an advocate for the ranching industry and grazing on federal and state trust land. According to our bylaws, one of our primary purposes is “To improve the Federal and State policies governing the management of federal and trust lands for grazing utilization by livestock by appropriate revisions in legislation, policies and regulations.” Therefore the situation that has developed between Kit and Sherry Laney and the Diamond Bar Cattle Company and the US Forest Service is of particular interest to our association’s members.
We believe the Laney’s have a valid claim to their property rights to graze and water their cattle and conduct related activities on the Diamond Bar allotment. The court rulings regarding removal of their cattle have not settled the property rights claims involved in this case.
We understand that the US Forest Service intends to gather and impound the Laney’s cattle pursuant to their regulations and court decisions. If that does occur, it is of extreme importance to New Mexico’s livestock industry that such actions are taken in full accordance with New Mexico state law regarding livestock identification, transportation and change of ownership. We believe New Mexico state laws on these issues were written to assure that commerce in livestock in the state is conducted in a businesslike manner that is fair to all parties involved.
Due to the deteriorating relationship between the US Forest Service and the ranching community in the state and actions by both the Forest Service and the Bureau of Land Management in other states it appears more conflicts such as this are likely. The actions in this case could set important precedents as to how these issues are handled in the future. There could be long-lasting implications for our members and New Mexico’s livestock industry as a result of the Livestock Board’s action in this case.
It is our understanding that the New Mexico Attorney General’s Office has furnished the Livestock Board with an opinion on this case. With all due respect to the Attorney General’s Office, we request that the New Mexico Livestock Board seek additional legal opinions on the Livestock Board’s statutory obligations and authority in this matter. There may be factors the Board should consider in determining a course of action that were not readily apparent to the Attorney General.
The New Mexico Livestock Board was established to serve the New Mexico livestock industry. Our livestock identification and inspection system has been of great benefit to the industry during its history and is the envy of many other states. The manner in which this case is handled could have long-term impacts on the Livestock Board’s future authority and effectiveness. We do not want to see the past record compromised or potential liability incurred by actions in this case that are not in accordance with New Mexico law. We hope you will consider this request seriously.
Sincerely,
Mike G. Casabonne, President
New Mexico Public Lands Council
Cc: New Mexico Livestock Board Members
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February 26, 2004
Mr. Bill King, Chairman
New Mexico Livestock Board
P.O. Box 564
Stanley, New Mexico 87056 FAX: 505.832.6262
Dear Mr. King:
The New Mexico Cattle Growers’ Association (NMCGA) understands that the US Forest Service (USFS) intends to gather and impound cattle belonging to Kit and Sherry Laney on the Diamond Bar Allotment located in the Gila National Forest pursuant to their regulations and court decisions. If that does occur, it is of extreme importance to New Mexico’s livestock industry that such actions are taken in full accordance with New Mexico state law regarding livestock identification, transportation and change of ownership. We believe New Mexico state laws on these issues were written to assure that commerce in livestock in the state is conducted in a businesslike manner that is fair to all parties involved.
Please find enclosed a resolution that was passed at the NMCGA Board of Winter Directors Meeting held in Santa Fe earlier this month.
We believe the Laney’s have a valid claim to their property rights to graze and water their cattle and conduct related activities on the Diamond Bar allotment. The court rulings regarding removal of their cattle have not settled the property rights claims involved in this case.
Due to the deteriorating relationship between the USFS and the ranching community in the state and actions by both the USFS and the Bureau of Land Management in other states it appears more conflicts such as this are likely. The actions in this case could set important precedents as to how these issues are handled in the future. There could be long-lasting implications for our members and New Mexico’s livestock industry as a result of the New Mexico Livestock Board’s (NMLB) action in this case.
It is our understanding that the New Mexico Attorney General’s Office has furnished the NMLB with advice on this case. With all due respect to the Attorney General’s Office, we request that the NMLB seek additional legal opinions on the Board’s statutory obligations and authority in this matter. There may be factors the Board should consider in determining a course of action that were not readily apparent to the Attorney General.
The NMLB was established to serve the New Mexico livestock industry. Our livestock identification and inspection system has been of great benefit to the industry during its history and is the envy of many other states. The manner in which this case is handled could have long-term impacts on the Board’s future authority and effectiveness. We do not want to see the past record compromised or potential liability incurred by actions in this case that are not in accordance with New Mexico law. We hope you will consider this request seriously.
Sincerely,
Don L. “Bebo” Lee
President
Cc: NMLB Members
NMLB Director
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Becky Campbell
HC 68 Box 80
Silver City, NM 88061-9351
536-9314
ROAD CLOSURE AND LANEY CATTLE
Welcome to the Gila Wilderness Naziland and the King's forest that no one can enter. State road 61 is blocked by the Gestapo in green USFS shirts packing pistols and tearing up and down the road attempting to intimidate local property owners. It takes this multitude of USFS Gestapo, trucks, support troops, plus closing the King's forest, trails and roads just to gather cattle that two or three real cowboys handle easily. All this frantic activity and secrecy is at great cost to us tax payers. The actual cost of all this is another secret. What is really going on behind closed doors or closed roads? Why is the media only allowed in under escort? Are they abusing the cattle that are just innocent animals? Are the cows getting enough hay and fresh water? Is there excessive harassment occurring to the area property owners? Particularly Kit and Sherry Laney? I am one of the property owners in this locked up land. This closure impacts my livelihood which is tourism. What this really boils down to is State Rights vs. Federal regulations. This forest is supposed to belong to us the people, NOT TO U.S. the Federal Government! More and more often our forests are
closed to us. No camping, no hiking, no fishing, no picnicking, and no horseback riding. How soon no hunting?
Why all the hullabaloo over gathering a medium herd of cattle? Why can't they calmly do what they are determined to do without disrupting community businesses and community lives? How many of our State's laws are the USFS breaking? Where do they get the authority to close a State Road to the public? How ashamed the cattle contractor must be of his part, for he doesn't even want his name to be known --- another secret. I am ashamed of my government. But I am proud of the courage that is shown by many of my fellow citizens.
Becky Campbell
Gila Hot Springs
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Kit & Sherry Laney HC 30 Box 470 • Winston, NM 87943
Black Canyon: (505) 772-5535
Link: (505) 772-5536
CONSTRUCTIVE NOTICE AND DEMAND TO CEASE AND DESIST THE UNLAWFUL REMOVAL OF OUR CATTLE
February 28, 2004
TO: Contractor
We, Kit and Sherry Laney, hereby give you CONSTRUCTIVE NOTICE and DEMAND THAT YOU CEASE AND DESIST your involvement in the unlawful removal of our cattle. The Forest Service has left the mistaken impression that you will not be held accountable for violating the New Mexico statutes or civil damages arising from your unlawful actions. They have based their actions on a Memorandum of Understanding (MOU) signed by the Forest Service Regional Forester and the Executive Director of the New Mexico Livestock Board, Mr. Daniel Manzanares.
The MOU is an unlawful and illegal document, and therefore should be revoked for the following reasons:
1. The parties to the MOU are not named.
2. The MOU alludes to an agreement made between the un-named parties, but the agreement is not made a part of the MOU.
3. The Executive Director signed the MOU without the knowledge and consent of the members of the New Mexico Livestock Board.
4. An MOU carries no legal weight. It cannot be used to circumvent state law.
The Forest Service is not operating under a Court Order as it has implied, but under its regulations that apply to national forest system lands. The Court Order on which they base their actions does not order the Forest Service to remove the cattle. It merely states that the Forest Service is authorized to remove the cattle from national forest system lands.
We have an undisputed deeded private property right to use the lands within the boundaries of the Diamond Bar and Laney ranches for raising livestock. Our cattle are ranging on our vested private property right in land—not on national forest system lands. Therefore, you will be trespassing on our private property and illegally taking our cattle. We will file complaints against your for violation of the New Mexico Livestock Code.
We own all stockwatering rights within the boundaries of our ranches. We do not give you permission to use any of our stock water. If you do, we will file a complaint against you under NMSA 19-3-14, 19-3-15, and 19-3-16. If convicted, you will be subject to a fine of not more than $1,000 and/or imprisonment of not more than six months. Each day’s violation will be a separate offense.
Also, we would like to give you some personal advice. After almost 19 years of attempting to work with the FS, we learned that the U. S. Supreme Court was right when it said “Persons dealing with the government are charged with knowing government statutes and regulations, and they assume the risk that government agents may exceed their authority and provide misinformation…” Lavin v. March, 644 F.2nd 1378 (9th Cir., 1981) [emphasis added]. When government agents exceed their authority their decisions and actions are invalid, and they no longer have immunity from being sued as individuals. Not only will we hold you accountable under State law, but we will also hold all the Forest Service personnel accountable as individuals who are involved in the decisions and actions to remove our cattle.
The MOU states that all proceeds of the sale of the cattle will go to the Gila National Forest. This is an untrue statement. Our cattle are secured under an UCC Security Agreement in an amount that is far more than the cattle will bring. There will be no funds left over for the Forest Service to use to pay you. Therefore, your payment will have to come out of the Forest Service’s normal budget or from a special allocation of funds. Keep in mind that the Forest Service in this area has a long standing reputation for very late payments on its obligations.
Please be advised that this Notice and Demand is not a threat. It is a statement of fact. The necessary documents to serve on you are already being prepared not only for unlawful removal of our cattle, but also for civil damages arising from your unlawful actions.
Respectfully submitted:
/s/ Kit Laney /s/ Sherry Laney
Kit Laney Sherry Laney
Cc: press
Permalink
For Immediate Release
3/4/04
Contact: Erik L. Ness - Director of Communications (505) 532-4705/
(505) 644-1416
(Las Cruces, N.M.) The New Mexico Farm and Livestock Bureau today urged the state agency involved with the ownership of livestock to use extreme caution regarding the disposition of cattle in the case involving ranchers Kit and Sherry Laney and the U.S. Forest Service.
The Forest Service is in the process of rounding up several hundred head of cattle belonging to the Diamond Bar Ranch in a dispute over grazing and property rights in the Gila National Forest in western New Mexico.
N.M. Farm Bureau President, Michael White of Dexter, said the Livestock Board must take action consistent with state law regarding the impoundment, movement and any potential sale of the Laney cattle.
"The New Mexico Livestock Board is facing monumental decisions in this case and our statewide organization will be watching very carefully any possible precedent setting actions of this panel as these cattle are gathered by a private contractor hired by the Forest Service," White said.
The Farm Bureau leader also said it is not up to the Livestock Board to further litigate the Laney case but to follow its statutory duty in regard to how these, or any other cattle, are impounded, inspected, transported or sold.
"We have been watching this case for more than a decade and are very concerned about the protection of property rights for our ranchers, farmers and all citizens." White said.
White stated that the N.M. Livestock Board is bound by statute to follow the state livestock code and associated laws and should not bow to political pressure from governmental officials or other groups.
"We fully realize the Livestock Board is acting in accordance with counsel from the N.M. Attorney General’s office and we urge the members of the brand board to carefully consider all aspects of such legal advice," White said.
In addition to cautioning the Livestock Board, White pointed out that the Forest Service should be completely transparent in all of its actions and dealings because of the controversial nature of this case.
The N.M. Farm and Livestock Bureau is urging its members statewide to express their concern to the state livestock agency and the state’s congressional delegation.
-30-
Media advisory: For clarification the N.M. Farm and Livestock Bureau is a private, general agricultural organization with 17,000 family-members in all New Mexico counties.
The New Mexico Livestock Board is a state agency charged with the inspection of the sale and movement of cattle in the state. It also is known as the "Brand Board."
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March 2, 2004
To: Bill King, Chairman
New Mexico Livestock Board
PO Box 564
Stanley, New Mexico 87056
From: Joe Delk, Tweeti Blancett, David Kincaid
New Mexico Livestock Board Members
Subject: Memorandum of Understanding between New Mexico Livestock Board and United States Department of Agriculture, Forest Service concerning impoundment and movement of cattle from the Diamond Bar and Laney Grazing Allotments in the Gila National Forest.
As members of the New Mexico Livestock Board, we were caught completely by surprise to find this Memorandum of Understanding had been signed by our Executive Director without allowing each member of the Livestock Board to read, provide input and vote on this most important document. Where in the policy and procedures of the Livestock Board has this authority been delegated to the Executive Director?
It is not a stretch to say that this may be one of the most important decisions ever made by the Board. Is the precedent being established one that respects our oath to uphold the laws of New Mexico? Is the whole Board now required to accept liability for documents we have never discussed or voted on—or for that matter even seen? Will the precedents established concerning property rights, state law, Supreme Court decisions, and the jurisdiction of federal courts and agencies damage New Mexico and its’ citizens? Are we, as Board members, being lulled, or worse, intimidated into committing misfeasance? What is the harm in having our questions addressed in the open? Let’s take our time and deliberate on behalf of the great state and citizens we’ve sworn to serve..
We request this Memorandum of Understanding be set aside and the Forest Service be immediately advised of this action. We further request that you then place this memorandum on our agenda for discussion and action in open session at the board meeting on March 5, 2004.
If our appointments to this board mean anything, we expect to be included in the decision-making process especially concerning issues as critical as the one that this MOU addresses.
___________________________ ___________________________
Joe Delk Tweeti Blancett
___________________________
David Kincaid
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Bill King, Chairman
New Mexico Livestock Board
Dear Mr. King:
The New Mexico Public Lands Council represents ranchers grazing livestock on land administered by the US Forest Service, Bureau of Land Management and the New Mexico State Land Office. Our organization is an advocate for the ranching industry and grazing on federal and state trust land. According to our bylaws, one of our primary purposes is “To improve the Federal and State policies governing the management of federal and trust lands for grazing utilization by livestock by appropriate revisions in legislation, policies and regulations.” Therefore the situation that has developed between Kit and Sherry Laney and the Diamond Bar Cattle Company and the US Forest Service is of particular interest to our association’s members.
We believe the Laney’s have a valid claim to their property rights to graze and water their cattle and conduct related activities on the Diamond Bar allotment. The court rulings regarding removal of their cattle have not settled the property rights claims involved in this case.
We understand that the US Forest Service intends to gather and impound the Laney’s cattle pursuant to their regulations and court decisions. If that does occur, it is of extreme importance to New Mexico’s livestock industry that such actions are taken in full accordance with New Mexico state law regarding livestock identification, transportation and change of ownership. We believe New Mexico state laws on these issues were written to assure that commerce in livestock in the state is conducted in a businesslike manner that is fair to all parties involved.
Due to the deteriorating relationship between the US Forest Service and the ranching community in the state and actions by both the Forest Service and the Bureau of Land Management in other states it appears more conflicts such as this are likely. The actions in this case could set important precedents as to how these issues are handled in the future. There could be long-lasting implications for our members and New Mexico’s livestock industry as a result of the Livestock Board’s action in this case.
It is our understanding that the New Mexico Attorney General’s Office has furnished the Livestock Board with an opinion on this case. With all due respect to the Attorney General’s Office, we request that the New Mexico Livestock Board seek additional legal opinions on the Livestock Board’s statutory obligations and authority in this matter. There may be factors the Board should consider in determining a course of action that were not readily apparent to the Attorney General.
The New Mexico Livestock Board was established to serve the New Mexico livestock industry. Our livestock identification and inspection system has been of great benefit to the industry during its history and is the envy of many other states. The manner in which this case is handled could have long-term impacts on the Livestock Board’s future authority and effectiveness. We do not want to see the past record compromised or potential liability incurred by actions in this case that are not in accordance with New Mexico law. We hope you will consider this request seriously.
Sincerely,
Mike G. Casabonne, President
New Mexico Public Lands Council
Cc: New Mexico Livestock Board Members
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February 26, 2004
Mr. Bill King, Chairman
New Mexico Livestock Board
P.O. Box 564
Stanley, New Mexico 87056 FAX: 505.832.6262
Dear Mr. King:
The New Mexico Cattle Growers’ Association (NMCGA) understands that the US Forest Service (USFS) intends to gather and impound cattle belonging to Kit and Sherry Laney on the Diamond Bar Allotment located in the Gila National Forest pursuant to their regulations and court decisions. If that does occur, it is of extreme importance to New Mexico’s livestock industry that such actions are taken in full accordance with New Mexico state law regarding livestock identification, transportation and change of ownership. We believe New Mexico state laws on these issues were written to assure that commerce in livestock in the state is conducted in a businesslike manner that is fair to all parties involved.
Please find enclosed a resolution that was passed at the NMCGA Board of Winter Directors Meeting held in Santa Fe earlier this month.
We believe the Laney’s have a valid claim to their property rights to graze and water their cattle and conduct related activities on the Diamond Bar allotment. The court rulings regarding removal of their cattle have not settled the property rights claims involved in this case.
Due to the deteriorating relationship between the USFS and the ranching community in the state and actions by both the USFS and the Bureau of Land Management in other states it appears more conflicts such as this are likely. The actions in this case could set important precedents as to how these issues are handled in the future. There could be long-lasting implications for our members and New Mexico’s livestock industry as a result of the New Mexico Livestock Board’s (NMLB) action in this case.
It is our understanding that the New Mexico Attorney General’s Office has furnished the NMLB with advice on this case. With all due respect to the Attorney General’s Office, we request that the NMLB seek additional legal opinions on the Board’s statutory obligations and authority in this matter. There may be factors the Board should consider in determining a course of action that were not readily apparent to the Attorney General.
The NMLB was established to serve the New Mexico livestock industry. Our livestock identification and inspection system has been of great benefit to the industry during its history and is the envy of many other states. The manner in which this case is handled could have long-term impacts on the Board’s future authority and effectiveness. We do not want to see the past record compromised or potential liability incurred by actions in this case that are not in accordance with New Mexico law. We hope you will consider this request seriously.
Sincerely,
Don L. “Bebo” Lee
President
Cc: NMLB Members
NMLB Director
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Becky Campbell
HC 68 Box 80
Silver City, NM 88061-9351
536-9314
ROAD CLOSURE AND LANEY CATTLE
Welcome to the Gila Wilderness Naziland and the King's forest that no one can enter. State road 61 is blocked by the Gestapo in green USFS shirts packing pistols and tearing up and down the road attempting to intimidate local property owners. It takes this multitude of USFS Gestapo, trucks, support troops, plus closing the King's forest, trails and roads just to gather cattle that two or three real cowboys handle easily. All this frantic activity and secrecy is at great cost to us tax payers. The actual cost of all this is another secret. What is really going on behind closed doors or closed roads? Why is the media only allowed in under escort? Are they abusing the cattle that are just innocent animals? Are the cows getting enough hay and fresh water? Is there excessive harassment occurring to the area property owners? Particularly Kit and Sherry Laney? I am one of the property owners in this locked up land. This closure impacts my livelihood which is tourism. What this really boils down to is State Rights vs. Federal regulations. This forest is supposed to belong to us the people, NOT TO U.S. the Federal Government! More and more often our forests are
closed to us. No camping, no hiking, no fishing, no picnicking, and no horseback riding. How soon no hunting?
Why all the hullabaloo over gathering a medium herd of cattle? Why can't they calmly do what they are determined to do without disrupting community businesses and community lives? How many of our State's laws are the USFS breaking? Where do they get the authority to close a State Road to the public? How ashamed the cattle contractor must be of his part, for he doesn't even want his name to be known --- another secret. I am ashamed of my government. But I am proud of the courage that is shown by many of my fellow citizens.
Becky Campbell
Gila Hot Springs
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Kit & Sherry Laney HC 30 Box 470 • Winston, NM 87943
Black Canyon: (505) 772-5535
Link: (505) 772-5536
CONSTRUCTIVE NOTICE AND DEMAND TO CEASE AND DESIST THE UNLAWFUL REMOVAL OF OUR CATTLE
February 28, 2004
TO: Contractor
We, Kit and Sherry Laney, hereby give you CONSTRUCTIVE NOTICE and DEMAND THAT YOU CEASE AND DESIST your involvement in the unlawful removal of our cattle. The Forest Service has left the mistaken impression that you will not be held accountable for violating the New Mexico statutes or civil damages arising from your unlawful actions. They have based their actions on a Memorandum of Understanding (MOU) signed by the Forest Service Regional Forester and the Executive Director of the New Mexico Livestock Board, Mr. Daniel Manzanares.
The MOU is an unlawful and illegal document, and therefore should be revoked for the following reasons:
1. The parties to the MOU are not named.
2. The MOU alludes to an agreement made between the un-named parties, but the agreement is not made a part of the MOU.
3. The Executive Director signed the MOU without the knowledge and consent of the members of the New Mexico Livestock Board.
4. An MOU carries no legal weight. It cannot be used to circumvent state law.
The Forest Service is not operating under a Court Order as it has implied, but under its regulations that apply to national forest system lands. The Court Order on which they base their actions does not order the Forest Service to remove the cattle. It merely states that the Forest Service is authorized to remove the cattle from national forest system lands.
We have an undisputed deeded private property right to use the lands within the boundaries of the Diamond Bar and Laney ranches for raising livestock. Our cattle are ranging on our vested private property right in land—not on national forest system lands. Therefore, you will be trespassing on our private property and illegally taking our cattle. We will file complaints against your for violation of the New Mexico Livestock Code.
We own all stockwatering rights within the boundaries of our ranches. We do not give you permission to use any of our stock water. If you do, we will file a complaint against you under NMSA 19-3-14, 19-3-15, and 19-3-16. If convicted, you will be subject to a fine of not more than $1,000 and/or imprisonment of not more than six months. Each day’s violation will be a separate offense.
Also, we would like to give you some personal advice. After almost 19 years of attempting to work with the FS, we learned that the U. S. Supreme Court was right when it said “Persons dealing with the government are charged with knowing government statutes and regulations, and they assume the risk that government agents may exceed their authority and provide misinformation…” Lavin v. March, 644 F.2nd 1378 (9th Cir., 1981) [emphasis added]. When government agents exceed their authority their decisions and actions are invalid, and they no longer have immunity from being sued as individuals. Not only will we hold you accountable under State law, but we will also hold all the Forest Service personnel accountable as individuals who are involved in the decisions and actions to remove our cattle.
The MOU states that all proceeds of the sale of the cattle will go to the Gila National Forest. This is an untrue statement. Our cattle are secured under an UCC Security Agreement in an amount that is far more than the cattle will bring. There will be no funds left over for the Forest Service to use to pay you. Therefore, your payment will have to come out of the Forest Service’s normal budget or from a special allocation of funds. Keep in mind that the Forest Service in this area has a long standing reputation for very late payments on its obligations.
Please be advised that this Notice and Demand is not a threat. It is a statement of fact. The necessary documents to serve on you are already being prepared not only for unlawful removal of our cattle, but also for civil damages arising from your unlawful actions.
Respectfully submitted:
/s/ Kit Laney /s/ Sherry Laney
Kit Laney Sherry Laney
Cc: press
Permalink
NEWS ROUNDUP
Bush orders quicker forest thinning The Bush administration gave federal land managers their formal marching orders Wednesday to speed up forest-thinning projects this year on 3.7 million fire-prone acres across the country. Two-thirds of the money will be focused on logging and prescribed burning near at-risk communities in and around national forests and public rangelands, U.S. Forest Service and Bureau of Land Management officials said at a wildfire conference. The 56 pages of guidelines issued Wednesday explain how local agency field managers should proceed to quickly carry out the Healthy Forests Restoration Act that President Bush signed into law late last year over the objections of environmentalists.... Fire study says region was unprepared for catastrophe Last fall's Cedar, Paradise and Otay wildfires struck a region unprepared in key ways for the catastrophic but predictable conflagrations, according to a study released today. The U.S. Forest Service's "2003 San Diego County Fire Siege Fire Safety Review" calls on government bodies and private citizens to rethink their approaches to readying for such fiery disasters.... JUDGE: NO RESTRICTIONS ON ROGUE U.S. District Judge Ann Aiken has ruled against restricting commercial motorboats in the ‘wild' section of the Rogue River, as was requested in a lawsuit against the U.S. Forest Service. The lawsuit was filed by the Riverhawks, Northwest Rafters Association and Klamath-Siskiyou Wildlands center, who contend the forest service was violating three federal acts by authorizing motorboat use within the 12-mile wild section of the Rogue Wild and Scenic River (WSR).... Parties wonder about money for wolf management Supporters and opponents of a proposal under which ranchers would be allowed to kill wolves are united in questioning where the money to pay for the state management of the wolves would come from. Both Idaho and Montana have tight state budgets. "We still need to work on the funding to manage this," Montana Republican Gov. Judy Martz said. "Our hunters and our ranchers are already suffering, so I would hope this does not fall on their backs." The Interior Department's proposed budget for fiscal year 2005 would reduce funding for endangered species by $7.6 million from $136.9 million this year to $129.4 million. It also specifically says Idaho, Montana and Wyoming wolf recovery programs would be reduced by $1.5 million.... Montana, Idaho edge toward wolf management Ranchers in Montana and Idaho would be able to kill wolves caught harassing their livestock under a proposed rule announced by Interior Department Secretary Gale Norton Wednesday. Norton said the rule is a temporary alternative to removing wolves from the endangered species list. She said it would give them the "maximum amount of authority under the Endangered Species Act." The increased latitude for ranchers is part of a larger rule that aims to give officials in the two states more authority to manage wolves within their state borders. Under current law, ranchers can only kill a wolf that is actually attacking livestock. The rule also would allow states to kill wolves if deer, elk and moose populations are declining. Under current law wolves may be relocated, but not killed, to protect game populations.... Court upholds permit to build golf course near Snake River A federal appeals court refused to stop a proposed golf course and upscale subdivision near Jackson, Wyo., rejecting arguments from environmental groups that the project could hurt bald eagles. The 10th U.S. Circuit Court of Appeals in Denver said the Army Corps of Engineers acted properly when it issued a permit allowing builders to dredge and fill wetlands on the property along the Snake River 17 miles south of Jackson. The Jackson Hole Conservation Alliance and the Greater Yellowstone Coalition of Bozeman, Mont., had argued the corps violated the Clean Water Act and the National Environmental Policy Act. The 10th Circuit ruling, dated Tuesday and made available Wednesday, said the corps had not violated either law.... Wolf expert says trespassing unintentional A federal wildlife biologist found on private land with four tranquilized wolves said he was not physically relocating the animals to the spot. Jimenez explained that he and other wildlife managers had been trying to collar wolves in one particular pack in the area for some time in order to keep better track of them. "This pack was difficult to trap," he said. On Feb. 14, a pilot on a routine surveillance flight of wolves located the pack between Thermopolis and Meeteetse and called Jimenez. "We jumped at the opportunity," Jimenez said. He quickly arranged for a helicopter with a pilot and another person to help Jimenez shoot the wolves with tranquilizer darts. The chase began on Bureau of Land Management land.... Editorial: A River Shortchanged, Again The Army Corps of Engineers is still refusing to do right by the once-majestic Missouri River. Three years ago, the Fish and Wildlife Service ordered the corps to alter seasonal flows on the heavily dammed river — raising water levels during the spring, lowering them during the summer — to save an endangered fish called the pallid sturgeon as well as two endangered bird species. Last Friday, defying not only the service but also the courts, the corps essentially refused. The only winners here are a few Missouri politicians. The environment and the larger economic interests of the region all lose.... County stands to lose claim on roads A decision by a Utah judge could act as "a stop sign" for Moffat County right-of-way claims, environmentalists say. Last week, U.S. District Judge Tena Campbell rejected three Utah counties' ownership claims to dirt tracks across Grand Staircase-Escalante National Monument and wildlands near Canyonlands National Park. Campbell upheld an earlier 2001 decision that stated RS 2477 claims only apply to highways that show evidence of construction and do not apply to trails formed by "haphazard, unintentional or incomplete action. For example, the mere passage of vehicles across land, in the absence of any other evidence, is not sufficient to meet the construction criteria of RS 2477." The Utah Attorney General intends to appeal the ruling in the 10th Circuit Court, said Paul Murphy, head of media relations at the attorney general office. When appealed, the case will be in the same judicial circuit as Moffat County, and any decision made there could act as a precedent for Moffat County's RS 2477 claims, said Ted Zukoski, a lawyer with Earthjustice, a non-profit law firm dedicated to protecting the environment. The decision is the only modern case to delve into the standards for claiming an RS 2477 right, he said.... Guide, helicopter service face suit The San Benito County District Attorney filed a lawsuit Tuesday against a Salinas hunting guide and a local helicopter company for depositing hunters onto private property. The lawsuit, which seeks more than $100,000 in civil penalties, is in response to complaints by ranchers and property owners in remote areas of San Benito County, according to District Attorney John Sarsfield.... Court Decision Upsets Day County Land Owners South Dakota's lakes, rivers and streams can be used by anyone across the state, but what about if that body of water is found on private property caused by floods. The state says they control those waters, but two years ago, a group of Day County land owners brought that question to court and won the right to determine who could use those waters. Now the South Dakota Supreme Court overturned that decision. It's a complicated question with no answer, that's because no where in state law does it mention who owns the rights of floodwaters. While the state owns the water rights, property owners control the land under the water, so who has the rights to that body of water. That's yet to be determined. Ordean Park's family have owned this land since South Dakota became a state in 1889. His grandfather and father have farmed the area since then, but when flooding filled up the farmland in 1997, the state took over. Park: "We've enjoyed exclusive rights to there and all of a sudden now the state says they are public property, we feel violated.".... Elk could have been run to death Wildlife experts are starting to think a herd of elk south of Rawlins was literally run to death. The cause of the massive elk die-off 15 miles south of Rawlins remains undetermined, but state wildlife experts are focusing on toxins or the possibility that excessive running and stress led to the paralysis that has affected 280 animals, which either died or were killed by wildlife managers. Dr. Walt Cook of the Wyoming State Veterinary Lab in Laramie said two elk thought to be suffering early symptoms of the paralysis that affected those that died were killed by game officials on Monday and necropsies have been performed. Results of the necropsy are not expected until later this week.... Bear baiting initiative may go to voters Maine's secretary of state says an initiative to ban bear baiting had almost twice the number of signatures it needed to force a referendum. Dan Gwadosky says the petition from Maine Citizens for Fair Bear Hunting had more than 97,000 valid signatures, 50,000 more than it needed to send the initiative to the State House. Advocates want to keep bear hunters from using bait, traps or dogs. The Baldacci administration and a coalition hunters' and guides' associations oppose the initiative.... Wolf-control boundaries expanded Two days after hunters killed the first wolves in a controversial aerial wolf-control program near the Interior village of McGrath, the Alaska Department of Fish and Game doubled the size of the area hunters can shoot wolves in. The department expanded the boundaries for aerial hunters in Game Management Unit 19D East near McGrath from about 1,750 square miles to 3,600 square miles.... Campbell leaves the stage Ben Nighthorse Campbell's announcement Wednesday that he won't seek a third U.S. Senate term signaled the end of a fruitful, 22-year record of public service. It also kicked open Colorado's political anthill and sent politicians in both parties scurrying to reassess their own career options. Campbell's retirement comes after an unbroken string of electoral victories in his races for the state legislature, U.S. House of Representatives and Senate. His down-to-earth manner resonated with Colorado voters, and he became a leader on issues including Indian rights and environmental causes as well as traditional Western concerns such as water and land management.... 'The Jackson Hole Story' looks at politics behind preservation Rich tourists might have come to Jackson Hole in the early 20th century looking for a taste of the mythological Old West, but the locals proved remarkably forward-thinking despite the unpaved roads and movie-set architecture. As early as 1923, groups of Jackson Hole residents were meeting in their cabins, discussing ways to preserve the beautiful environs of the Teton Range they called home. Those discussions would ultimately lead to the formation of the Grand Teton National Park in 1929 and the Jackson Hole National Monument in 1943, but not without considerable controversy, political gamesmanship and a major showdown between the state of Wyoming and the federal government.... Inherited Quarter Horse Disease Traces To Poco Bueno Poco Bueno has been identified as the sireline associated with the brutal affliction known as hyperelastosis cutis (HC) or hereditary equine regional dermal asthenia (HERDA). He was a giant among horses. Built like a rock, he possessed power and speed. He made his mark in the show ring as a champion, then retired to the breeding shed. His greatness was carried on through his get, grandget, and on down the line through succeeding generations of Quarter Horses. It is primarily down through Poco Bueno’s bloodline, say researchers at Mississippi State University and Cornell University, that the recessive gene that causes hyperelastosis cutis (HC) has passed. HC is a brutal affliction that basically carries with it a death sentence. Although affected horses can be made more comfortable and their lives prolonged, there is no cure....
Permalink
Bush orders quicker forest thinning The Bush administration gave federal land managers their formal marching orders Wednesday to speed up forest-thinning projects this year on 3.7 million fire-prone acres across the country. Two-thirds of the money will be focused on logging and prescribed burning near at-risk communities in and around national forests and public rangelands, U.S. Forest Service and Bureau of Land Management officials said at a wildfire conference. The 56 pages of guidelines issued Wednesday explain how local agency field managers should proceed to quickly carry out the Healthy Forests Restoration Act that President Bush signed into law late last year over the objections of environmentalists.... Fire study says region was unprepared for catastrophe Last fall's Cedar, Paradise and Otay wildfires struck a region unprepared in key ways for the catastrophic but predictable conflagrations, according to a study released today. The U.S. Forest Service's "2003 San Diego County Fire Siege Fire Safety Review" calls on government bodies and private citizens to rethink their approaches to readying for such fiery disasters.... JUDGE: NO RESTRICTIONS ON ROGUE U.S. District Judge Ann Aiken has ruled against restricting commercial motorboats in the ‘wild' section of the Rogue River, as was requested in a lawsuit against the U.S. Forest Service. The lawsuit was filed by the Riverhawks, Northwest Rafters Association and Klamath-Siskiyou Wildlands center, who contend the forest service was violating three federal acts by authorizing motorboat use within the 12-mile wild section of the Rogue Wild and Scenic River (WSR).... Parties wonder about money for wolf management Supporters and opponents of a proposal under which ranchers would be allowed to kill wolves are united in questioning where the money to pay for the state management of the wolves would come from. Both Idaho and Montana have tight state budgets. "We still need to work on the funding to manage this," Montana Republican Gov. Judy Martz said. "Our hunters and our ranchers are already suffering, so I would hope this does not fall on their backs." The Interior Department's proposed budget for fiscal year 2005 would reduce funding for endangered species by $7.6 million from $136.9 million this year to $129.4 million. It also specifically says Idaho, Montana and Wyoming wolf recovery programs would be reduced by $1.5 million.... Montana, Idaho edge toward wolf management Ranchers in Montana and Idaho would be able to kill wolves caught harassing their livestock under a proposed rule announced by Interior Department Secretary Gale Norton Wednesday. Norton said the rule is a temporary alternative to removing wolves from the endangered species list. She said it would give them the "maximum amount of authority under the Endangered Species Act." The increased latitude for ranchers is part of a larger rule that aims to give officials in the two states more authority to manage wolves within their state borders. Under current law, ranchers can only kill a wolf that is actually attacking livestock. The rule also would allow states to kill wolves if deer, elk and moose populations are declining. Under current law wolves may be relocated, but not killed, to protect game populations.... Court upholds permit to build golf course near Snake River A federal appeals court refused to stop a proposed golf course and upscale subdivision near Jackson, Wyo., rejecting arguments from environmental groups that the project could hurt bald eagles. The 10th U.S. Circuit Court of Appeals in Denver said the Army Corps of Engineers acted properly when it issued a permit allowing builders to dredge and fill wetlands on the property along the Snake River 17 miles south of Jackson. The Jackson Hole Conservation Alliance and the Greater Yellowstone Coalition of Bozeman, Mont., had argued the corps violated the Clean Water Act and the National Environmental Policy Act. The 10th Circuit ruling, dated Tuesday and made available Wednesday, said the corps had not violated either law.... Wolf expert says trespassing unintentional A federal wildlife biologist found on private land with four tranquilized wolves said he was not physically relocating the animals to the spot. Jimenez explained that he and other wildlife managers had been trying to collar wolves in one particular pack in the area for some time in order to keep better track of them. "This pack was difficult to trap," he said. On Feb. 14, a pilot on a routine surveillance flight of wolves located the pack between Thermopolis and Meeteetse and called Jimenez. "We jumped at the opportunity," Jimenez said. He quickly arranged for a helicopter with a pilot and another person to help Jimenez shoot the wolves with tranquilizer darts. The chase began on Bureau of Land Management land.... Editorial: A River Shortchanged, Again The Army Corps of Engineers is still refusing to do right by the once-majestic Missouri River. Three years ago, the Fish and Wildlife Service ordered the corps to alter seasonal flows on the heavily dammed river — raising water levels during the spring, lowering them during the summer — to save an endangered fish called the pallid sturgeon as well as two endangered bird species. Last Friday, defying not only the service but also the courts, the corps essentially refused. The only winners here are a few Missouri politicians. The environment and the larger economic interests of the region all lose.... County stands to lose claim on roads A decision by a Utah judge could act as "a stop sign" for Moffat County right-of-way claims, environmentalists say. Last week, U.S. District Judge Tena Campbell rejected three Utah counties' ownership claims to dirt tracks across Grand Staircase-Escalante National Monument and wildlands near Canyonlands National Park. Campbell upheld an earlier 2001 decision that stated RS 2477 claims only apply to highways that show evidence of construction and do not apply to trails formed by "haphazard, unintentional or incomplete action. For example, the mere passage of vehicles across land, in the absence of any other evidence, is not sufficient to meet the construction criteria of RS 2477." The Utah Attorney General intends to appeal the ruling in the 10th Circuit Court, said Paul Murphy, head of media relations at the attorney general office. When appealed, the case will be in the same judicial circuit as Moffat County, and any decision made there could act as a precedent for Moffat County's RS 2477 claims, said Ted Zukoski, a lawyer with Earthjustice, a non-profit law firm dedicated to protecting the environment. The decision is the only modern case to delve into the standards for claiming an RS 2477 right, he said.... Guide, helicopter service face suit The San Benito County District Attorney filed a lawsuit Tuesday against a Salinas hunting guide and a local helicopter company for depositing hunters onto private property. The lawsuit, which seeks more than $100,000 in civil penalties, is in response to complaints by ranchers and property owners in remote areas of San Benito County, according to District Attorney John Sarsfield.... Court Decision Upsets Day County Land Owners South Dakota's lakes, rivers and streams can be used by anyone across the state, but what about if that body of water is found on private property caused by floods. The state says they control those waters, but two years ago, a group of Day County land owners brought that question to court and won the right to determine who could use those waters. Now the South Dakota Supreme Court overturned that decision. It's a complicated question with no answer, that's because no where in state law does it mention who owns the rights of floodwaters. While the state owns the water rights, property owners control the land under the water, so who has the rights to that body of water. That's yet to be determined. Ordean Park's family have owned this land since South Dakota became a state in 1889. His grandfather and father have farmed the area since then, but when flooding filled up the farmland in 1997, the state took over. Park: "We've enjoyed exclusive rights to there and all of a sudden now the state says they are public property, we feel violated.".... Elk could have been run to death Wildlife experts are starting to think a herd of elk south of Rawlins was literally run to death. The cause of the massive elk die-off 15 miles south of Rawlins remains undetermined, but state wildlife experts are focusing on toxins or the possibility that excessive running and stress led to the paralysis that has affected 280 animals, which either died or were killed by wildlife managers. Dr. Walt Cook of the Wyoming State Veterinary Lab in Laramie said two elk thought to be suffering early symptoms of the paralysis that affected those that died were killed by game officials on Monday and necropsies have been performed. Results of the necropsy are not expected until later this week.... Bear baiting initiative may go to voters Maine's secretary of state says an initiative to ban bear baiting had almost twice the number of signatures it needed to force a referendum. Dan Gwadosky says the petition from Maine Citizens for Fair Bear Hunting had more than 97,000 valid signatures, 50,000 more than it needed to send the initiative to the State House. Advocates want to keep bear hunters from using bait, traps or dogs. The Baldacci administration and a coalition hunters' and guides' associations oppose the initiative.... Wolf-control boundaries expanded Two days after hunters killed the first wolves in a controversial aerial wolf-control program near the Interior village of McGrath, the Alaska Department of Fish and Game doubled the size of the area hunters can shoot wolves in. The department expanded the boundaries for aerial hunters in Game Management Unit 19D East near McGrath from about 1,750 square miles to 3,600 square miles.... Campbell leaves the stage Ben Nighthorse Campbell's announcement Wednesday that he won't seek a third U.S. Senate term signaled the end of a fruitful, 22-year record of public service. It also kicked open Colorado's political anthill and sent politicians in both parties scurrying to reassess their own career options. Campbell's retirement comes after an unbroken string of electoral victories in his races for the state legislature, U.S. House of Representatives and Senate. His down-to-earth manner resonated with Colorado voters, and he became a leader on issues including Indian rights and environmental causes as well as traditional Western concerns such as water and land management.... 'The Jackson Hole Story' looks at politics behind preservation Rich tourists might have come to Jackson Hole in the early 20th century looking for a taste of the mythological Old West, but the locals proved remarkably forward-thinking despite the unpaved roads and movie-set architecture. As early as 1923, groups of Jackson Hole residents were meeting in their cabins, discussing ways to preserve the beautiful environs of the Teton Range they called home. Those discussions would ultimately lead to the formation of the Grand Teton National Park in 1929 and the Jackson Hole National Monument in 1943, but not without considerable controversy, political gamesmanship and a major showdown between the state of Wyoming and the federal government.... Inherited Quarter Horse Disease Traces To Poco Bueno Poco Bueno has been identified as the sireline associated with the brutal affliction known as hyperelastosis cutis (HC) or hereditary equine regional dermal asthenia (HERDA). He was a giant among horses. Built like a rock, he possessed power and speed. He made his mark in the show ring as a champion, then retired to the breeding shed. His greatness was carried on through his get, grandget, and on down the line through succeeding generations of Quarter Horses. It is primarily down through Poco Bueno’s bloodline, say researchers at Mississippi State University and Cornell University, that the recessive gene that causes hyperelastosis cutis (HC) has passed. HC is a brutal affliction that basically carries with it a death sentence. Although affected horses can be made more comfortable and their lives prolonged, there is no cure....
Permalink
Wednesday, March 03, 2004
Mexico Partially Lifts Ban on U.S. Beef
Mexico partially lifted its ban on imports of U.S. beef, announcing Wednesday that boneless cuts from animals less than 30 months old and veal from animals less than 9 months old could be imported.
The government had imposed a ban on Dec. 24, the day after a single case of mad-cow disease was reported in Washington state.
Mexico is traditionally the second-largest foreign market for U.S. beef. The United States exported 346,520 tons of beef to Mexico from January through November last year, worth $818 million, according to USDA data compiled by the U.S. Meat Export Federation.
In Wednesday's announcement, Mexico's agriculture department said the ban still applies to live animals.
The agency's chief of sanitation, Javier Trujillo, said the government took the measure after analyzing risks and measures adopted by the United States following discovery of the diseased animal.
U.S. Agriculture Secretary Ann Veneman welcomed Mexico's announcement. She said her department provided Mexican officials with extensive information they requested and "hosted their technical teams to illustrate that our beef is indeed safe."
Permalink
Mexico partially lifted its ban on imports of U.S. beef, announcing Wednesday that boneless cuts from animals less than 30 months old and veal from animals less than 9 months old could be imported.
The government had imposed a ban on Dec. 24, the day after a single case of mad-cow disease was reported in Washington state.
Mexico is traditionally the second-largest foreign market for U.S. beef. The United States exported 346,520 tons of beef to Mexico from January through November last year, worth $818 million, according to USDA data compiled by the U.S. Meat Export Federation.
In Wednesday's announcement, Mexico's agriculture department said the ban still applies to live animals.
The agency's chief of sanitation, Javier Trujillo, said the government took the measure after analyzing risks and measures adopted by the United States following discovery of the diseased animal.
U.S. Agriculture Secretary Ann Veneman welcomed Mexico's announcement. She said her department provided Mexican officials with extensive information they requested and "hosted their technical teams to illustrate that our beef is indeed safe."
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NEWS ROUNDUP
Baucus, Demos balk at forest bill funding levels Montana Sen. Max Baucus and other Democrats on Tuesday said the Bush administration's proposed budget for 2005 does not provide enough money for clearing dead trees and other debris from forests. Last year, Baucus, Sen. Ron Wyden, R-Ore., and a handful of other Democrats joined forces with Republican lawmakers and Bush administration officials to draft the plan, known as the Healthy Forest Initiative, to overhaul management of the nation's forests. At a Senate Energy and Natural Resources Committee hearing on the Forest Service's budget, Wyden lashed out at Mark Rey, the Agriculture Department's under-secretary for natural resources and environment.... Wyoming to sue over wolf impasse Unable to resolve differences at the negotiating table, Wyoming soon will take its fight over wolf management to federal court, a state official said Tuesday. Michael O'Donnell, Wyoming's chief deputy attorney general, said the state would challenge the U.S. Fish and Wildlife Service's rejection in January of the state management plan for wolves. The lawsuit, which will be filed in a federal court in Wyoming, will claim that the federal agency wrongly opposed Wyoming's wolf plan despite a review by a scientific panel in which a majority agreed that the plan would be adequate. "We think we've got a pretty good argument," O'Donnell said. "They acted arbitrarily in rejecting the Wyoming plan." The suit will ask a federal judge to order the Fish and Wildlife Service to accept Wyoming's plan and begin the process of removing the wolves from the endangered species list.... Wolves kill cow, calf near Glenns Ferry Federal Wildlife Service officials have confirmed wolves killed one cow and a calf on a ranch north of Hammet. Rancher John McCallum says he spotted fresh tracks Monday morning. McCallum says it's the first year he's seen traces of wolves on the ranch, which runs 500 head of cattle. George Graves of the agency's office says more than two wolves were involved in the predation.... Column: Merle Haggard & the Politics of Salmon During the battle to save the pristine salmon and steelhead habitat of Headwaters Forest in 1998, I got a phone call one morning from Mike Sherwood, then the California Director of the Sierra Club. He told me that country legend Merle Haggard and actor Woody Harrelson would be appearing at the State Capitol for a noon time rally. "Please to meet you, Merle," I said as I held out my hand and got a hard, firm shake from the country bard, known for the outspoken lyrics of "Okie from Muskogee," the "Fightin' Side of Me,"and many, many other songs. Haggard explained to me that he was there to stop the logging of redwood and Douglas-fir forests on the North Coast by Pacific Lumber Company. Haggard, a long time angler and hunter who lives on Lake Shasta, was there to urge the Legislature to not fund the Headwaters Forest deal between the federal government and Pacific Lumber unless measures protecting forest watersheds were adopted. He also recommended the removal of state and federal officials responsible for the destruction of forest habitat.... Prop. A loses big Proposition A, the sweeping growth-control initiative, was rejected overwhelmingly by San Diego County voters Tuesday. The measure was trailing by a 64 percent to 36 percent margin, with 62 percent of precincts reporting. "It looks like those numbers are holding up," said Eric Larson, executive director for the San Diego County Farm Bureau, which led the fight to defeat the measure. "We feel very good about that. I have to admit, the numbers are better than we expected." Also celebrating Tuesday night was Matt Adams, spokesman for the Building Industry Association of San Diego County.... Federal agencies talk about protecting minnow, flycatcher Representatives from three federal agencies met with state and local officials for the first of a series of meetings on the fate of the endangered silvery minnow and the Southwestern willow flycatcher. About 50 people, including tribal representatives, city officials and environmentalists, rekindled talks with the representatives Monday about the species and long-term management of the Rio Grande River. "It was a good meeting. I think we got a clear direction on where we needed to go," said Jack Garner, area manager for the U.S. Bureau of Reclamation's Albuquerque office. The meeting also drew representatives from the U.S. Fish and Wildlife Service and U.S. Bureau of Indian Affairs.... Option on wolves considered Too many wolf-related questions and too few satisfactory answers from the U.S. Fish and Wildlife Service had the Park County Board of Commissioners exploring their legal options Tuesday. The federal government isn't living up to its side of the 1994 wolf reintroduction plan, said Commissioner Marie Fontaine. "The number of wolves has totally exceeded the number in the plan," Fontaine said. "We need to hold their feet to the fire." Calling for a congressional inquiry into an incident on Feb. 14 - four tranquilized wolves, a Fish and Wildlife Service biologist and his assistant found on a private ranch in Meeteetse - might be a good place to start, said Commission Chairman Tim Morrison.... County backs rancher County commissioners Tuesday will consider seeking a congressional investigation into the handling of four wolves on a Meeteetse area ranch Feb. 14. Commission chairman Tim Morrison, who is from Meeteetse, said rancher Randy Kreuger called him with information about the incident and asked him to pass documentation of it to the county attorney. "This is a terrible thing for a landowner to have to deal with," Morrison said. He said he has known Kruger for some time, and finds him to be "responsible, calm and reasonable." But coming upon Mike Jimenez and another person on his property near four tranquilized wolves in the same area where his cattle were about to calve deeply upset Kruger, Morrison said. "Nothwithstanding any local charges (the Larsen Ranch Co. may file trespass charges against the U.S. Fish and Wildlife Service), Congress needs to look into it," Morrison told fellow commissioners during a special meeting Friday.... Agent: Low fuel forced landing Wolves near Dubois, the Washakie Pack, had mostly evaded attempts to collar them until mid-February, when they were spotted between Thermopolis and Meeteetse. A federal agent boarded a helicopter, darted and retrieved four wolves, processed them and landed with the tranquilized animals while the pilot went off to refuel. The landing site was on a road; the processing site allegedly on adjacent private ranchland. "We do our best not to go on other people's property," said Mike Jimenez, the U.S. Fish and Wildlife Service's wolf project leader for Wyoming. "We sincerely apologize if we do. "Our intention was to focus on collaring wolves.".... Wolves attack cattle in Madison Valley Two wolf packs attacked cattle in four incidents in four days in the Madison Valley and now a federal gunner has orders to kill half of one pack and try to put radio collars on the other pack. It they attack livestock again, they'll all be shot, said Ed Bangs, wolf recovery leader for the U.S. Fish and Wildlife Service in Helena. "They killed a yearling for us this morning about daylight," rancher Gary Clark said Tuesday afternoon. The attacks started on Friday. Clark said the wolves brought down the steer, which weighed several hundred pounds, about 250 yards from three ranch houses.... Feds may make it easier to kill wolves Federal authorities will propose relaxing rules to allow Idaho officials to kill wolves that threaten big game populations and let pet owners kill wolves threatening their animals. The new rule, which will be announced today, also would make it easier for Idaho and Montana ranchers to kill wolves harassing or killing their livestock on private land. Hunting of wolves will not be allowed. Wyoming´s wolf management will continue unchanged until it rewrites its wolf plan to meet federal requirements.... U.S. Offers California Tribe Water Plan to End Dispute Federal officials presented leaders of the Hoopa Valley Indian tribe with a proposal on Tuesday for resolving a decades-old dispute over the Trinity River, which has been a symbol of the often irreconcilable water demands of farmers and fishing communities in the West. The proposal would set rules on the amount of water diverted for irrigation and create an "emergency water bank" so levels in the river could be adjusted when fish suffer disease or face other problems associated with low water flows. But early reaction from tribal leaders was not favorable. After meeting for more than two hours with federal officials in Sacramento, the Hoopa tribe's director of fisheries, Mike Orcutt, said the government proposal favored the farmers, who are represented by the Westlands irrigation district.... Groups seek to add West Nile virus concerns to coalbed methane suit Conservation groups challenging the Bureau of Land Management's plan to manage coalbed methane development in the Powder River Basin are seeking to add concerns about the West Nile virus to their lawsuit. The groups say ponds that store groundwater discharged by drilling for the gas provide prime breeding habitat for mosquitoes, which are the primary carriers of West Nile virus. In the arid and semi-arid basin, they provide one of the only sources of standing water during the summer, they said.... BLM expands virtual firearms training The Bureau of Land Management last week tapped Advanced Interactive Systems Inc. to train land management enforcement officers using the Seattle company’s firearms training simulators. Under the five-year contract, the Seattle company will train more than 300 officers on its Prisim systems. Training is scheduled to begin this month. The indefinite-delivery, indefinite-quantity contract has a ceiling of $500,000, according to the bureau. The simulators can present video scenarios to trainees where they must make quick decisions about which actions to take, said Melissa Milburn, vice president of corporate communications for Advanced Interactive Systems. The systems can train individuals in basic marksmanship, use-of-force options and critical decision-making.... Editorial: Bogus roads U. S. District Judge Tena Campbell began shining some needed light on the murky issue of road claims in Utah with her ruling last week. The judge held that three rural Utah counties do not have legitimate claims on 15 of 16 disputed routes the counties illegally carved on lands administered by the Bureau of Land Management. The 16 roads at issue in Judge Campbell's court were bladed by Kane, Garfield and San Juan counties within the boundaries of the Grand Staircase-Escalante National Monument. This was in 1996, not long after President Clinton created the monument and during the BLM's reinventory of Utah land for possible wilderness designation. In addition to denying the counties' road claims, Campbell found that they had violated federal law by grading and realigning the routes without the BLM's consent. Her decisions should make rural county officials stop and think before asserting their "rights" by ignoring the law.... Governor backs Petrified Forest N.P. expansion Gov. Janet Napolitano is urging federal lawmakers to pass legislation that would more than double the size of Petrified Forest National Park by authorizing the sale of about 97,000 acres of private and public land. If approved, the expansion would cost about $15 million for the land. Recently, Napolitano sent a letter to U.S. Rep. George Radanovich, R-Calif., who is the chairman of the House subcommittee for National Parks. She also sent the letter to U.S. Rep. Rick Renzi, R-Flagstaff, and Arizona Sens. John McCain and Jon Kyl, asking for the push on legislation that has been stalled in both the House and Senate for about a year.... Column: THE MAD GAS RUSH In an effort to convert the gas and oil industry's wish list to law, the administration seems to have temporarily shelved its unpopular plan to drill in the Arctic National Wildlife Refuge. So distracted are the media by this move that they're paying scant attention to the administration's plans for the Rocky Mountain West. And that rankles Tweeti Blancett, a rancher who calls herself a “cowgirl” and sits on New Mexico's Livestock Board and whose husband, Linn, is a director of the New Mexico Cattle Growers Association. Linn's great-grandfather, a scout for the U.S. Army, came into the San Juan Basin with Kit Carson in the 1870s, and the family has run cattle here ever since. “If you want to see what the West will look like, take a good look at this valley,” Tweeti Blancett told me on the morning of December 8, 2003, as she loaded a PowerPoint program at her Aztec, New Mexico, office. Five days earlier she had given the same “preview” to the Sierra Club, the very outfit that has called her profession “welfare ranching” and tried to get cows off public range.... Keeping it open: Family commits ranchland to preservation The DeHaan ranch at the base of the Horseshoe Hills north of Belgrade is a sharp contrast from other parts of the Gallatin Valley, where houses are gradually dotting the landscape. Fields of wheat, barley and alfalfa thrive on the DeHaan's land. Cattle graze in pastures. Wildlife pours out of the hills in winter. And that's the way Frank DeHaan and his family want to keep it. As such, the DeHaans have agreed to sell a 10,456-acre conservation easement to Gallatin County.... State has new water standards to protect fish State and federal environmental-quality experts issued new water-quality standards for every fish-bearing waterway in Oregon Tuesday. The new standards map out optimal water temperatures depending on time of year and waterway and are intended to protect endangered salmon and trout species. “We have essentially redesigned 30 years of water-quality standards,” said Mark Charles of the Oregon Department of Environmental Quality. The standards are the result of a successful lawsuit filed by Northwest Environmental Advocates of Portland that claimed that the old standards did not meet requirements of the federal Endangered Species Act or the federal Clean Water Act. The standards will affect all discharges from pipes and nonpoint pollution sources, such as runoff from agriculture, because those pollution sources affect temperature in rivers.... Ag groups give notice on buffers A national pesticide organization Feb. 18 put the 9th U.S. Circuit Court on alert that it plans to appeal a U.S. district judge’s decision to establish no-spray buffers for 38 pesticides along salmon bearing waterways in Oregon, Washington and Northern California. CropLife America, which includes Monsanto, Bayer and Dow among its members, filed the notice to appeal on behalf of more than 30 agricultural organizations.... Oceans in crisis, will Bush step up? President Bush's oceans advisory panel is about to issue a report calling for a completely new approach to protecting marine life, but already the feeling among some experts is that the president won't have much of an appetite for heeding the advice. What makes this report so special is that it's the biggest government review of oceans policy in 35 years. The last report saw oceans as farmland waiting to be harvested and fish stocks were pretty much managed like cattle.... Cattle tracking faces a maze Soon after the discovery of a mad cow late last year in central Washington, U.S. Agriculture Secretary Ann Veneman announced meat supply reforms that included a cattle identification system capable of tracking a sick cow and its herd mates nationwide within hours. But the U.S. Department of Agriculture now says it could be several years before a tracking system is in place and operational, despite pressure to act quickly from members of Congress, U.S. trading partners and even the chief executive of McDonald's. Political and logistical hurdles stand in the way:.... Column: How are the fireguards in your township? Did you ever wonder if all those little township roads go anywhere? Well, many don’t. Their purpose was to create fireguards, or as we call them today fuel breaks. The laws from 1939 are still on our books. If a majority present at the annual township meeting, vote for “fireguards” the supervisors are required to plow an area of the section line not more than four rods wide, remove the sod with a “road grader”, and thereafter inspect it and drag it with a “harrow” from July 1 to September 1 to keep the vegetation down. Property within the area surrounded by the fireguards is taxed by a special assessment for the costs.... Rattler roundup draws a crowd There's something about serpents, especially the ones with venom and rattles. Most folks just don't like them. But they're still fascinated with the deadly critters. That's why some 30,000 people swoop down on Sweetwater (pop. 11,000) every year for the World's Largest Rattlesnake Roundup. That title is not just West Texas brag, either. The roundup has bagged more than a quarter-million pounds of writhing rattlers in 45 years. The contest is open to anyone. "For the true number of rattlesnakes, no other roundup comes close," said Ken Becker, executive vice president of the Chamber of Commerce, which puts on the roundup with the Sweetwater Jaycees, raising upward of $85,000 and drawing the likes of "National Geographic Explorer" and ESPN....
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Baucus, Demos balk at forest bill funding levels Montana Sen. Max Baucus and other Democrats on Tuesday said the Bush administration's proposed budget for 2005 does not provide enough money for clearing dead trees and other debris from forests. Last year, Baucus, Sen. Ron Wyden, R-Ore., and a handful of other Democrats joined forces with Republican lawmakers and Bush administration officials to draft the plan, known as the Healthy Forest Initiative, to overhaul management of the nation's forests. At a Senate Energy and Natural Resources Committee hearing on the Forest Service's budget, Wyden lashed out at Mark Rey, the Agriculture Department's under-secretary for natural resources and environment.... Wyoming to sue over wolf impasse Unable to resolve differences at the negotiating table, Wyoming soon will take its fight over wolf management to federal court, a state official said Tuesday. Michael O'Donnell, Wyoming's chief deputy attorney general, said the state would challenge the U.S. Fish and Wildlife Service's rejection in January of the state management plan for wolves. The lawsuit, which will be filed in a federal court in Wyoming, will claim that the federal agency wrongly opposed Wyoming's wolf plan despite a review by a scientific panel in which a majority agreed that the plan would be adequate. "We think we've got a pretty good argument," O'Donnell said. "They acted arbitrarily in rejecting the Wyoming plan." The suit will ask a federal judge to order the Fish and Wildlife Service to accept Wyoming's plan and begin the process of removing the wolves from the endangered species list.... Wolves kill cow, calf near Glenns Ferry Federal Wildlife Service officials have confirmed wolves killed one cow and a calf on a ranch north of Hammet. Rancher John McCallum says he spotted fresh tracks Monday morning. McCallum says it's the first year he's seen traces of wolves on the ranch, which runs 500 head of cattle. George Graves of the agency's office says more than two wolves were involved in the predation.... Column: Merle Haggard & the Politics of Salmon During the battle to save the pristine salmon and steelhead habitat of Headwaters Forest in 1998, I got a phone call one morning from Mike Sherwood, then the California Director of the Sierra Club. He told me that country legend Merle Haggard and actor Woody Harrelson would be appearing at the State Capitol for a noon time rally. "Please to meet you, Merle," I said as I held out my hand and got a hard, firm shake from the country bard, known for the outspoken lyrics of "Okie from Muskogee," the "Fightin' Side of Me,"and many, many other songs. Haggard explained to me that he was there to stop the logging of redwood and Douglas-fir forests on the North Coast by Pacific Lumber Company. Haggard, a long time angler and hunter who lives on Lake Shasta, was there to urge the Legislature to not fund the Headwaters Forest deal between the federal government and Pacific Lumber unless measures protecting forest watersheds were adopted. He also recommended the removal of state and federal officials responsible for the destruction of forest habitat.... Prop. A loses big Proposition A, the sweeping growth-control initiative, was rejected overwhelmingly by San Diego County voters Tuesday. The measure was trailing by a 64 percent to 36 percent margin, with 62 percent of precincts reporting. "It looks like those numbers are holding up," said Eric Larson, executive director for the San Diego County Farm Bureau, which led the fight to defeat the measure. "We feel very good about that. I have to admit, the numbers are better than we expected." Also celebrating Tuesday night was Matt Adams, spokesman for the Building Industry Association of San Diego County.... Federal agencies talk about protecting minnow, flycatcher Representatives from three federal agencies met with state and local officials for the first of a series of meetings on the fate of the endangered silvery minnow and the Southwestern willow flycatcher. About 50 people, including tribal representatives, city officials and environmentalists, rekindled talks with the representatives Monday about the species and long-term management of the Rio Grande River. "It was a good meeting. I think we got a clear direction on where we needed to go," said Jack Garner, area manager for the U.S. Bureau of Reclamation's Albuquerque office. The meeting also drew representatives from the U.S. Fish and Wildlife Service and U.S. Bureau of Indian Affairs.... Option on wolves considered Too many wolf-related questions and too few satisfactory answers from the U.S. Fish and Wildlife Service had the Park County Board of Commissioners exploring their legal options Tuesday. The federal government isn't living up to its side of the 1994 wolf reintroduction plan, said Commissioner Marie Fontaine. "The number of wolves has totally exceeded the number in the plan," Fontaine said. "We need to hold their feet to the fire." Calling for a congressional inquiry into an incident on Feb. 14 - four tranquilized wolves, a Fish and Wildlife Service biologist and his assistant found on a private ranch in Meeteetse - might be a good place to start, said Commission Chairman Tim Morrison.... County backs rancher County commissioners Tuesday will consider seeking a congressional investigation into the handling of four wolves on a Meeteetse area ranch Feb. 14. Commission chairman Tim Morrison, who is from Meeteetse, said rancher Randy Kreuger called him with information about the incident and asked him to pass documentation of it to the county attorney. "This is a terrible thing for a landowner to have to deal with," Morrison said. He said he has known Kruger for some time, and finds him to be "responsible, calm and reasonable." But coming upon Mike Jimenez and another person on his property near four tranquilized wolves in the same area where his cattle were about to calve deeply upset Kruger, Morrison said. "Nothwithstanding any local charges (the Larsen Ranch Co. may file trespass charges against the U.S. Fish and Wildlife Service), Congress needs to look into it," Morrison told fellow commissioners during a special meeting Friday.... Agent: Low fuel forced landing Wolves near Dubois, the Washakie Pack, had mostly evaded attempts to collar them until mid-February, when they were spotted between Thermopolis and Meeteetse. A federal agent boarded a helicopter, darted and retrieved four wolves, processed them and landed with the tranquilized animals while the pilot went off to refuel. The landing site was on a road; the processing site allegedly on adjacent private ranchland. "We do our best not to go on other people's property," said Mike Jimenez, the U.S. Fish and Wildlife Service's wolf project leader for Wyoming. "We sincerely apologize if we do. "Our intention was to focus on collaring wolves.".... Wolves attack cattle in Madison Valley Two wolf packs attacked cattle in four incidents in four days in the Madison Valley and now a federal gunner has orders to kill half of one pack and try to put radio collars on the other pack. It they attack livestock again, they'll all be shot, said Ed Bangs, wolf recovery leader for the U.S. Fish and Wildlife Service in Helena. "They killed a yearling for us this morning about daylight," rancher Gary Clark said Tuesday afternoon. The attacks started on Friday. Clark said the wolves brought down the steer, which weighed several hundred pounds, about 250 yards from three ranch houses.... Feds may make it easier to kill wolves Federal authorities will propose relaxing rules to allow Idaho officials to kill wolves that threaten big game populations and let pet owners kill wolves threatening their animals. The new rule, which will be announced today, also would make it easier for Idaho and Montana ranchers to kill wolves harassing or killing their livestock on private land. Hunting of wolves will not be allowed. Wyoming´s wolf management will continue unchanged until it rewrites its wolf plan to meet federal requirements.... U.S. Offers California Tribe Water Plan to End Dispute Federal officials presented leaders of the Hoopa Valley Indian tribe with a proposal on Tuesday for resolving a decades-old dispute over the Trinity River, which has been a symbol of the often irreconcilable water demands of farmers and fishing communities in the West. The proposal would set rules on the amount of water diverted for irrigation and create an "emergency water bank" so levels in the river could be adjusted when fish suffer disease or face other problems associated with low water flows. But early reaction from tribal leaders was not favorable. After meeting for more than two hours with federal officials in Sacramento, the Hoopa tribe's director of fisheries, Mike Orcutt, said the government proposal favored the farmers, who are represented by the Westlands irrigation district.... Groups seek to add West Nile virus concerns to coalbed methane suit Conservation groups challenging the Bureau of Land Management's plan to manage coalbed methane development in the Powder River Basin are seeking to add concerns about the West Nile virus to their lawsuit. The groups say ponds that store groundwater discharged by drilling for the gas provide prime breeding habitat for mosquitoes, which are the primary carriers of West Nile virus. In the arid and semi-arid basin, they provide one of the only sources of standing water during the summer, they said.... BLM expands virtual firearms training The Bureau of Land Management last week tapped Advanced Interactive Systems Inc. to train land management enforcement officers using the Seattle company’s firearms training simulators. Under the five-year contract, the Seattle company will train more than 300 officers on its Prisim systems. Training is scheduled to begin this month. The indefinite-delivery, indefinite-quantity contract has a ceiling of $500,000, according to the bureau. The simulators can present video scenarios to trainees where they must make quick decisions about which actions to take, said Melissa Milburn, vice president of corporate communications for Advanced Interactive Systems. The systems can train individuals in basic marksmanship, use-of-force options and critical decision-making.... Editorial: Bogus roads U. S. District Judge Tena Campbell began shining some needed light on the murky issue of road claims in Utah with her ruling last week. The judge held that three rural Utah counties do not have legitimate claims on 15 of 16 disputed routes the counties illegally carved on lands administered by the Bureau of Land Management. The 16 roads at issue in Judge Campbell's court were bladed by Kane, Garfield and San Juan counties within the boundaries of the Grand Staircase-Escalante National Monument. This was in 1996, not long after President Clinton created the monument and during the BLM's reinventory of Utah land for possible wilderness designation. In addition to denying the counties' road claims, Campbell found that they had violated federal law by grading and realigning the routes without the BLM's consent. Her decisions should make rural county officials stop and think before asserting their "rights" by ignoring the law.... Governor backs Petrified Forest N.P. expansion Gov. Janet Napolitano is urging federal lawmakers to pass legislation that would more than double the size of Petrified Forest National Park by authorizing the sale of about 97,000 acres of private and public land. If approved, the expansion would cost about $15 million for the land. Recently, Napolitano sent a letter to U.S. Rep. George Radanovich, R-Calif., who is the chairman of the House subcommittee for National Parks. She also sent the letter to U.S. Rep. Rick Renzi, R-Flagstaff, and Arizona Sens. John McCain and Jon Kyl, asking for the push on legislation that has been stalled in both the House and Senate for about a year.... Column: THE MAD GAS RUSH In an effort to convert the gas and oil industry's wish list to law, the administration seems to have temporarily shelved its unpopular plan to drill in the Arctic National Wildlife Refuge. So distracted are the media by this move that they're paying scant attention to the administration's plans for the Rocky Mountain West. And that rankles Tweeti Blancett, a rancher who calls herself a “cowgirl” and sits on New Mexico's Livestock Board and whose husband, Linn, is a director of the New Mexico Cattle Growers Association. Linn's great-grandfather, a scout for the U.S. Army, came into the San Juan Basin with Kit Carson in the 1870s, and the family has run cattle here ever since. “If you want to see what the West will look like, take a good look at this valley,” Tweeti Blancett told me on the morning of December 8, 2003, as she loaded a PowerPoint program at her Aztec, New Mexico, office. Five days earlier she had given the same “preview” to the Sierra Club, the very outfit that has called her profession “welfare ranching” and tried to get cows off public range.... Keeping it open: Family commits ranchland to preservation The DeHaan ranch at the base of the Horseshoe Hills north of Belgrade is a sharp contrast from other parts of the Gallatin Valley, where houses are gradually dotting the landscape. Fields of wheat, barley and alfalfa thrive on the DeHaan's land. Cattle graze in pastures. Wildlife pours out of the hills in winter. And that's the way Frank DeHaan and his family want to keep it. As such, the DeHaans have agreed to sell a 10,456-acre conservation easement to Gallatin County.... State has new water standards to protect fish State and federal environmental-quality experts issued new water-quality standards for every fish-bearing waterway in Oregon Tuesday. The new standards map out optimal water temperatures depending on time of year and waterway and are intended to protect endangered salmon and trout species. “We have essentially redesigned 30 years of water-quality standards,” said Mark Charles of the Oregon Department of Environmental Quality. The standards are the result of a successful lawsuit filed by Northwest Environmental Advocates of Portland that claimed that the old standards did not meet requirements of the federal Endangered Species Act or the federal Clean Water Act. The standards will affect all discharges from pipes and nonpoint pollution sources, such as runoff from agriculture, because those pollution sources affect temperature in rivers.... Ag groups give notice on buffers A national pesticide organization Feb. 18 put the 9th U.S. Circuit Court on alert that it plans to appeal a U.S. district judge’s decision to establish no-spray buffers for 38 pesticides along salmon bearing waterways in Oregon, Washington and Northern California. CropLife America, which includes Monsanto, Bayer and Dow among its members, filed the notice to appeal on behalf of more than 30 agricultural organizations.... Oceans in crisis, will Bush step up? President Bush's oceans advisory panel is about to issue a report calling for a completely new approach to protecting marine life, but already the feeling among some experts is that the president won't have much of an appetite for heeding the advice. What makes this report so special is that it's the biggest government review of oceans policy in 35 years. The last report saw oceans as farmland waiting to be harvested and fish stocks were pretty much managed like cattle.... Cattle tracking faces a maze Soon after the discovery of a mad cow late last year in central Washington, U.S. Agriculture Secretary Ann Veneman announced meat supply reforms that included a cattle identification system capable of tracking a sick cow and its herd mates nationwide within hours. But the U.S. Department of Agriculture now says it could be several years before a tracking system is in place and operational, despite pressure to act quickly from members of Congress, U.S. trading partners and even the chief executive of McDonald's. Political and logistical hurdles stand in the way:.... Column: How are the fireguards in your township? Did you ever wonder if all those little township roads go anywhere? Well, many don’t. Their purpose was to create fireguards, or as we call them today fuel breaks. The laws from 1939 are still on our books. If a majority present at the annual township meeting, vote for “fireguards” the supervisors are required to plow an area of the section line not more than four rods wide, remove the sod with a “road grader”, and thereafter inspect it and drag it with a “harrow” from July 1 to September 1 to keep the vegetation down. Property within the area surrounded by the fireguards is taxed by a special assessment for the costs.... Rattler roundup draws a crowd There's something about serpents, especially the ones with venom and rattles. Most folks just don't like them. But they're still fascinated with the deadly critters. That's why some 30,000 people swoop down on Sweetwater (pop. 11,000) every year for the World's Largest Rattlesnake Roundup. That title is not just West Texas brag, either. The roundup has bagged more than a quarter-million pounds of writhing rattlers in 45 years. The contest is open to anyone. "For the true number of rattlesnakes, no other roundup comes close," said Ken Becker, executive vice president of the Chamber of Commerce, which puts on the roundup with the Sweetwater Jaycees, raising upward of $85,000 and drawing the likes of "National Geographic Explorer" and ESPN....
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Tuesday, March 02, 2004
High court pulls reins on eminent domain
In a sharp rebuke to aggressive urban renewal authorities, the Colorado Supreme Court on Monday overturned Arvada's effort to condemn part of a lake for a Wal-Mart project.
The court said Arvada's urban renewal authority could not rely on a 1981 finding of blight to justify using eminent domain in an area that had been redeveloped since then.
"I think the court is sending a message to urban renewal authorities - you've gone too far," said Allan Hale, a Denver lawyer who specializes in eminent domain law. "The courts have not reined them in, until now."
The decision comes at a time when public protests over eminent domain abuses have prompted state legislators to draft bills that would severely restrict how governments can forcibly purchase property.
The Arvada lake case has been a rallying point, not only in the north Jefferson County town of 102,000, but also for dozens of poster-carrying protesters to hearings at the Capitol in recent weeks....
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In a sharp rebuke to aggressive urban renewal authorities, the Colorado Supreme Court on Monday overturned Arvada's effort to condemn part of a lake for a Wal-Mart project.
The court said Arvada's urban renewal authority could not rely on a 1981 finding of blight to justify using eminent domain in an area that had been redeveloped since then.
"I think the court is sending a message to urban renewal authorities - you've gone too far," said Allan Hale, a Denver lawyer who specializes in eminent domain law. "The courts have not reined them in, until now."
The decision comes at a time when public protests over eminent domain abuses have prompted state legislators to draft bills that would severely restrict how governments can forcibly purchase property.
The Arvada lake case has been a rallying point, not only in the north Jefferson County town of 102,000, but also for dozens of poster-carrying protesters to hearings at the Capitol in recent weeks....
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Mad-cow beef 4 times amount earlier said
The amount of beef potentially contaminated by the nation's first mad-cow case was nearly four times higher than the federal government initially reported, The U.S. Department of Agriculture has said.
When the USDA launched the recall of affected meat Dec. 23, officials put the total at 10,400 pounds, or 5.2 tons, a figure they repeated for nearly two months. But the actual amount was 38,000 pounds, or 19 tons, the agency now acknowledges.
The total swelled because meat from the infected cow was mingled with meat from many other animals when it was ground into hamburger.
Officials at the two Oregon plants that processed and distributed the meat said they knew within a day exactly how much had been sold and where it had gone.
Consumer advocates say the delay in reporting the true amount shows how difficult it is for the public to get timely information about contaminated meat and points up flaws in a recall process they say favors the meat industry over public health.
Where did meat go?
Meat linked to December's case of mad-cow disease in Yakima County wound up in about 580 grocery stores, restaurants and markets, 270 of them in Washington. The rest were scattered across Oregon, California, Idaho, Nevada and Montana.
"I find it frightening," said Elisa Odabashian, senior policy analyst for Consumers Union. "USDA should be telling people how much tainted product is out there and where it is."
USDA spokesman Steven Cohen said the agency didn't update the total because it was more concerned with tracking down the beef. "What's important is how quickly you can remove it, not the final poundage."
And he stressed that the chance anyone who ate the meat will contract the human form of the fatal disease is slight, because the most infectious tissues, including the brain and spinal cord, were removed when the cow was slaughtered.
USDA estimates about half of the meat — 21,000 pounds — was returned. The rest was either eaten or discarded by consumers. The agency never revealed the grocery stores or restaurants that sold the beef, because that information is considered proprietary. Several grocery chains voluntarily alerted customers, though few identified which specific stores received the contaminated meat. Restaurants generally provided no warning other than a notice posted inside....
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The amount of beef potentially contaminated by the nation's first mad-cow case was nearly four times higher than the federal government initially reported, The U.S. Department of Agriculture has said.
When the USDA launched the recall of affected meat Dec. 23, officials put the total at 10,400 pounds, or 5.2 tons, a figure they repeated for nearly two months. But the actual amount was 38,000 pounds, or 19 tons, the agency now acknowledges.
The total swelled because meat from the infected cow was mingled with meat from many other animals when it was ground into hamburger.
Officials at the two Oregon plants that processed and distributed the meat said they knew within a day exactly how much had been sold and where it had gone.
Consumer advocates say the delay in reporting the true amount shows how difficult it is for the public to get timely information about contaminated meat and points up flaws in a recall process they say favors the meat industry over public health.
Where did meat go?
Meat linked to December's case of mad-cow disease in Yakima County wound up in about 580 grocery stores, restaurants and markets, 270 of them in Washington. The rest were scattered across Oregon, California, Idaho, Nevada and Montana.
"I find it frightening," said Elisa Odabashian, senior policy analyst for Consumers Union. "USDA should be telling people how much tainted product is out there and where it is."
USDA spokesman Steven Cohen said the agency didn't update the total because it was more concerned with tracking down the beef. "What's important is how quickly you can remove it, not the final poundage."
And he stressed that the chance anyone who ate the meat will contract the human form of the fatal disease is slight, because the most infectious tissues, including the brain and spinal cord, were removed when the cow was slaughtered.
USDA estimates about half of the meat — 21,000 pounds — was returned. The rest was either eaten or discarded by consumers. The agency never revealed the grocery stores or restaurants that sold the beef, because that information is considered proprietary. Several grocery chains voluntarily alerted customers, though few identified which specific stores received the contaminated meat. Restaurants generally provided no warning other than a notice posted inside....
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DIAMOND BAR CATTLE COMPANY
Ranching On The Front Lines
When the USFS began implementing the impoundment of the Laney's cattle, the local law stepped in. Cliff Snyder, Catron county Sheriff, was one player who took his oath of office seriously. Acting in the best interest of the residents of his county, many of whom had suffered livestock losses at the hands of the USFS, contributing to long-term damage to the county's economic structure, the Sheriff issued a letter tothe USFS. He informed them that they would not violate state law in impounding the livestock, and if they did, he would arrest anyone caught rustling the cattle. Due to the Sheriff's ultimatum, the full story on the ranch dispute was finally made available to the contractors hired to gather the cattle. Those contractors promptly quit.
Rusty McCorkell was one of them
Rusty and his sons are contract cattlemen the agency hires to gather feral livestock throughout the region. He says he was put off the job that could have paid him over a hundred thousand dollars when he heard the Laneys argument. Rusty says the agency didn't provide him with all the information he needed to make a clear decision when they put out the contract. Rusty says, "I want the Laneys to win this, If the shoe was on the other foot, I would want the chance to see this through."
When Rusty called the contracting officer and told them he wanted out, he was initially threatened with legal recourse. Though the USFS has since apologized to McCorkell for the muscling he received, they did make a feeble attempt to convince him that he had been threatened by the Laneys, suggesting that was the reason he quit. Rusty is very clear that he wanted no part of ruining the Laneys chances to win this argument once and for all. While Rusty feels the USFS has been a fair employer in the past, and will work for them again, he hasn't changed his mind on accepting the contract. The USFS is still on the hunt for a cowman with enough ability to impound the Laney cattle.
For his courage in supporting the state constitution and rural community, Sheriff Snyder was advised by the New Mexico Attorney General, to allow state law to be broken and to facilitate the impoundment of the Laney cattle. If he chose to continue on the current course, he was subject to arrest by federal marshals.
New Mexico is a sovereign state, and the duly elected sheriff of a county is the highest law enforcement official within a county. The sheriff has law enforcement powers exceeding that of any other state or federal official. Yet, The New Mexico Attorney General has allowed the Catron county sheriff to understand he will receive no support from the state if he protects the people in his county and forces the federal agency to comply with the state laws.
The Attorney General's office, has in effect, approved and embraced the enforcement of a court decision that does not compel any agency of the New Mexican government to treat the Forest Service differently from any other landowner. The Tenth Circuit Court only authorized the Forest Service, under its regulations, to impound and remove the Laney livestock. But, they are still subject to State laws. Just as the truck that hauls the cattle to the sale will have to have a license and obey the speed limit, so too will the Forest Service have to adhere to the State laws for seizing another's property. And that will require a trip to a State Court to prove the title to the land the Forest Service says the Laneys are trespassing on....
Forest Service finds contractor, closes Laney allotment
The U.S. Forest Service found a contractor to remove cattle from the Diamond Bar Allotment in Catron County, N.M..
Kit and Sherry Laney are the ranchers who lost their ability to graze on land in the Gila and Apache national forests when a federal judge ordered their cattle removed from the property on Dec. 23, 2003.
The Forest Service shut down all access to the allotment last Friday to prepare for the removal. That was about two weeks after the scheduled removal was delayed because the initial contractor was rumored to have backed out.
"We want to make sure the gathering, removal and impoundment of the unauthorized livestock is done in the most safe and efficient manner for everyone concerned," Gila National Forest public information officer Andrea Martinez said. The forest's Web site indicates that the cattle will be shipped to Los Lunas, N.M., for eventual sale.
Martinez told the Courier on Thursday that a contractor was found. She said the contractor wants to work under the condition of anonymity due to the recent amount of media attention the case has received.
"The new contractor has asked us to keep his name confidential, and we're going to honor that," she said.
The case received more media attention after Catron County Sheriff John Snyder faxed a letter to the Forest Service saying that allowing the removal would violate New Mexico State law. In the letter he says his duty to uphold New Mexico's Constitution obligated him to stop the removal.
Since the letter was published, Martinez said she met with Snyder and Catron County Commissioner Ed Wehrheim to ensure compliance with the removal.
On Feb. 19, the Laneys sent out a press release stating that they will file legal action after the removal takes place.
"We will file legal action in a state court of proper jurisdiction against all individuals, whether Forest Service personnel, its contractor personnel, livestock auction personnel, or New Mexico State officials, who are involved in the decisions and/or actions to round up, haul, and/or sell our cattle," the last line of the release said. The beginning of the release explains the Laneys' legal reasoning for the action.
"The Federal District Court Order requiring the removal of our cattle is limited to the 'national forest system lands.' We again give notice that our cattle are not ranging on national forest system lands, but rather on our undisputed privately owned vested fee interest (estate) in the lands within our ranches. Therefore, we are in compliance with the court orders. Also, the Forest Service has no jurisdiction to authorize either its personnel, its contractor personnel, or New Mexico public officials to remove our cattle in violation of New Mexico state law. Our cattle cannot be lawfully and legally rounded up, hauled and sold without a transfer of ownership to another party. It will, therefore, be an illegal action for a brand inspector or livestock board member to transfer ownership of our cattle to the Forest Service without our consent."
The concept of who is responsible for the land is an issue of argument between the opposing parties.
Michael Robinson of the Center for Biological Diversity (a conservation group) said the Laneys are not grazing on private property, but are grazing on national forest land.
He made his comment in reference to a previous article from the Courier, which stated, "Kit and Sherry Laney are ranchers in Catron County, N.M., and recently lost the ability to graze on their private property."
Robinson said in an e-mail to the Courier about the quote, "This is in error. Their private property is not the subject of any of the many court rulings they have lost. Rather, areas depicted on maps for a century as 'Gila National Forest' and 'Apache National Forest' have been judged by the courts to be Gila National Forest and Apache National Forest; not private property. This mistake is inflammatory and assumes as fact the position of one of the parties to this conflict, despite all the court rulings to the contrary."
Several ranchers disagree with Robinson by referring to the Hage v. United States decision.
Bunny Dryden sent the Courier an article from the February 2004 edition of Arizona Cattlelog, the official publication of the Arizona Cattle Growers Association. In the article, writer Henry Lamb referred to the Treaty of Guadalupe Hidalgo (1848) and the use of federal adjudicators to resolve quarrels between ranchers over land and water rights.
Lamb said the adjudicators helped define animal units per month (AUMs) per ranch.
He wrote, "These AUMs and the defined territory became the allotments attached to the water rights of the ranchers. Both the right to water and to the forage, and access (rights of way) to the forage, were already owned by the ranchers."
Lamb said the ranchers paid the adjudicators "range improvement funds" and adjudication costs. He said, "Environmentalists, and in recent years, the federal government, have ignored these historical facts, and have held that the land and water in the West belong to the federal government, and may be used by the ranchers only with the permission of the government, expressed through the allotment of AUMs for which the ranchers pay. This new interpretation of the ownership of 'public' land was imposed on Wayne Hage a decade ago, when his cattle were taken by the government and sold, because Wayne did not have the permits the government said were necessary."
Lamb says the government uses this argument to go on a "rampage" against ranchers and suggests that the Hage ruling could halt decisions, such as the rulings that have gone against the Laneys. Lamb quotes Judge Loren A. Smith (from the Hage case) who said, "The court is not of the opinion that the lack of a grazing permit that prevents access to federal lands can eliminate Plaintiff's vested water rights... that predate the creation of the permit system."
Robinson is quick to point out the repeated decisions the Laneys have lost, despite their arguments. He said the Courier changed the meaning of one of his statements from a previous article. The quote that Robinson sent the Courier was, "The Tenth Circuit Court of Appeals ruled against them in 1999. Now, their unauthorized livestock are again destroying precious streams and their vegetation and wildlife owned by all Americans; hundreds of square miles of some of the most beautiful and wild country in the lower 48 states."
An editing decision caused the Courier to remove this phrase: "The Tenth Circuit Court of Appeals ruled against them in 1999." Instead, a reference to Robinson's comments in July preceded the word "Now."
The article from the Courier also referred to the ability to graze on public lands as "grazing rights."
Robinson referenced the 1999 ruling from the Tenth Circuit Court of Appeals and noted that it said neither the Forest Service nor the language in the decision refers to "grazing rights." He said the use of this term is the Laneys' opinion, not fact.
"The correct term is 'grazing privileges,' " Robinson said. "Furthermore (regarding the same passage), there is nothing precedent-setting about the decision. The precedent was set in the 1911 Supreme Court Case of Light v. United States. Since then, the Supreme Court has repeatedly reaffirmed that ruling (most recently in Public Lands Council v. Babbitt in 2000)."
The Laneys have been fined $64,000 by the government for damages by the illegal grazing, as was deemed and upheld by the courts, he said. Robinson sent the Courier a copy of the ruling from the case.
The ruling documents unauthorized grazing use rates and how they apply to the Laneys. It also notes that the Laneys do not contest the actual calculations of the damage but with the concept of the damage itself. The reason $64,000 is not a final number of damages is explained on page four of the ruling: "The United States notes that it cannot calculate the final damages for unauthorized grazing until all trespassing livestock have been removed, counted and categorized. Additionally, the amount of damages to restore areas on which livestock have trespassed cannot be ascertained until the resource damages assessment has been completed. The United States contends this will take several weeks."
To contact John Kamin, call 428-2560 (ext. 240) or e-mail him at johnk@eacourier.com
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Ranching On The Front Lines
When the USFS began implementing the impoundment of the Laney's cattle, the local law stepped in. Cliff Snyder, Catron county Sheriff, was one player who took his oath of office seriously. Acting in the best interest of the residents of his county, many of whom had suffered livestock losses at the hands of the USFS, contributing to long-term damage to the county's economic structure, the Sheriff issued a letter tothe USFS. He informed them that they would not violate state law in impounding the livestock, and if they did, he would arrest anyone caught rustling the cattle. Due to the Sheriff's ultimatum, the full story on the ranch dispute was finally made available to the contractors hired to gather the cattle. Those contractors promptly quit.
Rusty McCorkell was one of them
Rusty and his sons are contract cattlemen the agency hires to gather feral livestock throughout the region. He says he was put off the job that could have paid him over a hundred thousand dollars when he heard the Laneys argument. Rusty says the agency didn't provide him with all the information he needed to make a clear decision when they put out the contract. Rusty says, "I want the Laneys to win this, If the shoe was on the other foot, I would want the chance to see this through."
When Rusty called the contracting officer and told them he wanted out, he was initially threatened with legal recourse. Though the USFS has since apologized to McCorkell for the muscling he received, they did make a feeble attempt to convince him that he had been threatened by the Laneys, suggesting that was the reason he quit. Rusty is very clear that he wanted no part of ruining the Laneys chances to win this argument once and for all. While Rusty feels the USFS has been a fair employer in the past, and will work for them again, he hasn't changed his mind on accepting the contract. The USFS is still on the hunt for a cowman with enough ability to impound the Laney cattle.
For his courage in supporting the state constitution and rural community, Sheriff Snyder was advised by the New Mexico Attorney General, to allow state law to be broken and to facilitate the impoundment of the Laney cattle. If he chose to continue on the current course, he was subject to arrest by federal marshals.
New Mexico is a sovereign state, and the duly elected sheriff of a county is the highest law enforcement official within a county. The sheriff has law enforcement powers exceeding that of any other state or federal official. Yet, The New Mexico Attorney General has allowed the Catron county sheriff to understand he will receive no support from the state if he protects the people in his county and forces the federal agency to comply with the state laws.
The Attorney General's office, has in effect, approved and embraced the enforcement of a court decision that does not compel any agency of the New Mexican government to treat the Forest Service differently from any other landowner. The Tenth Circuit Court only authorized the Forest Service, under its regulations, to impound and remove the Laney livestock. But, they are still subject to State laws. Just as the truck that hauls the cattle to the sale will have to have a license and obey the speed limit, so too will the Forest Service have to adhere to the State laws for seizing another's property. And that will require a trip to a State Court to prove the title to the land the Forest Service says the Laneys are trespassing on....
Forest Service finds contractor, closes Laney allotment
The U.S. Forest Service found a contractor to remove cattle from the Diamond Bar Allotment in Catron County, N.M..
Kit and Sherry Laney are the ranchers who lost their ability to graze on land in the Gila and Apache national forests when a federal judge ordered their cattle removed from the property on Dec. 23, 2003.
The Forest Service shut down all access to the allotment last Friday to prepare for the removal. That was about two weeks after the scheduled removal was delayed because the initial contractor was rumored to have backed out.
"We want to make sure the gathering, removal and impoundment of the unauthorized livestock is done in the most safe and efficient manner for everyone concerned," Gila National Forest public information officer Andrea Martinez said. The forest's Web site indicates that the cattle will be shipped to Los Lunas, N.M., for eventual sale.
Martinez told the Courier on Thursday that a contractor was found. She said the contractor wants to work under the condition of anonymity due to the recent amount of media attention the case has received.
"The new contractor has asked us to keep his name confidential, and we're going to honor that," she said.
The case received more media attention after Catron County Sheriff John Snyder faxed a letter to the Forest Service saying that allowing the removal would violate New Mexico State law. In the letter he says his duty to uphold New Mexico's Constitution obligated him to stop the removal.
Since the letter was published, Martinez said she met with Snyder and Catron County Commissioner Ed Wehrheim to ensure compliance with the removal.
On Feb. 19, the Laneys sent out a press release stating that they will file legal action after the removal takes place.
"We will file legal action in a state court of proper jurisdiction against all individuals, whether Forest Service personnel, its contractor personnel, livestock auction personnel, or New Mexico State officials, who are involved in the decisions and/or actions to round up, haul, and/or sell our cattle," the last line of the release said. The beginning of the release explains the Laneys' legal reasoning for the action.
"The Federal District Court Order requiring the removal of our cattle is limited to the 'national forest system lands.' We again give notice that our cattle are not ranging on national forest system lands, but rather on our undisputed privately owned vested fee interest (estate) in the lands within our ranches. Therefore, we are in compliance with the court orders. Also, the Forest Service has no jurisdiction to authorize either its personnel, its contractor personnel, or New Mexico public officials to remove our cattle in violation of New Mexico state law. Our cattle cannot be lawfully and legally rounded up, hauled and sold without a transfer of ownership to another party. It will, therefore, be an illegal action for a brand inspector or livestock board member to transfer ownership of our cattle to the Forest Service without our consent."
The concept of who is responsible for the land is an issue of argument between the opposing parties.
Michael Robinson of the Center for Biological Diversity (a conservation group) said the Laneys are not grazing on private property, but are grazing on national forest land.
He made his comment in reference to a previous article from the Courier, which stated, "Kit and Sherry Laney are ranchers in Catron County, N.M., and recently lost the ability to graze on their private property."
Robinson said in an e-mail to the Courier about the quote, "This is in error. Their private property is not the subject of any of the many court rulings they have lost. Rather, areas depicted on maps for a century as 'Gila National Forest' and 'Apache National Forest' have been judged by the courts to be Gila National Forest and Apache National Forest; not private property. This mistake is inflammatory and assumes as fact the position of one of the parties to this conflict, despite all the court rulings to the contrary."
Several ranchers disagree with Robinson by referring to the Hage v. United States decision.
Bunny Dryden sent the Courier an article from the February 2004 edition of Arizona Cattlelog, the official publication of the Arizona Cattle Growers Association. In the article, writer Henry Lamb referred to the Treaty of Guadalupe Hidalgo (1848) and the use of federal adjudicators to resolve quarrels between ranchers over land and water rights.
Lamb said the adjudicators helped define animal units per month (AUMs) per ranch.
He wrote, "These AUMs and the defined territory became the allotments attached to the water rights of the ranchers. Both the right to water and to the forage, and access (rights of way) to the forage, were already owned by the ranchers."
Lamb said the ranchers paid the adjudicators "range improvement funds" and adjudication costs. He said, "Environmentalists, and in recent years, the federal government, have ignored these historical facts, and have held that the land and water in the West belong to the federal government, and may be used by the ranchers only with the permission of the government, expressed through the allotment of AUMs for which the ranchers pay. This new interpretation of the ownership of 'public' land was imposed on Wayne Hage a decade ago, when his cattle were taken by the government and sold, because Wayne did not have the permits the government said were necessary."
Lamb says the government uses this argument to go on a "rampage" against ranchers and suggests that the Hage ruling could halt decisions, such as the rulings that have gone against the Laneys. Lamb quotes Judge Loren A. Smith (from the Hage case) who said, "The court is not of the opinion that the lack of a grazing permit that prevents access to federal lands can eliminate Plaintiff's vested water rights... that predate the creation of the permit system."
Robinson is quick to point out the repeated decisions the Laneys have lost, despite their arguments. He said the Courier changed the meaning of one of his statements from a previous article. The quote that Robinson sent the Courier was, "The Tenth Circuit Court of Appeals ruled against them in 1999. Now, their unauthorized livestock are again destroying precious streams and their vegetation and wildlife owned by all Americans; hundreds of square miles of some of the most beautiful and wild country in the lower 48 states."
An editing decision caused the Courier to remove this phrase: "The Tenth Circuit Court of Appeals ruled against them in 1999." Instead, a reference to Robinson's comments in July preceded the word "Now."
The article from the Courier also referred to the ability to graze on public lands as "grazing rights."
Robinson referenced the 1999 ruling from the Tenth Circuit Court of Appeals and noted that it said neither the Forest Service nor the language in the decision refers to "grazing rights." He said the use of this term is the Laneys' opinion, not fact.
"The correct term is 'grazing privileges,' " Robinson said. "Furthermore (regarding the same passage), there is nothing precedent-setting about the decision. The precedent was set in the 1911 Supreme Court Case of Light v. United States. Since then, the Supreme Court has repeatedly reaffirmed that ruling (most recently in Public Lands Council v. Babbitt in 2000)."
The Laneys have been fined $64,000 by the government for damages by the illegal grazing, as was deemed and upheld by the courts, he said. Robinson sent the Courier a copy of the ruling from the case.
The ruling documents unauthorized grazing use rates and how they apply to the Laneys. It also notes that the Laneys do not contest the actual calculations of the damage but with the concept of the damage itself. The reason $64,000 is not a final number of damages is explained on page four of the ruling: "The United States notes that it cannot calculate the final damages for unauthorized grazing until all trespassing livestock have been removed, counted and categorized. Additionally, the amount of damages to restore areas on which livestock have trespassed cannot be ascertained until the resource damages assessment has been completed. The United States contends this will take several weeks."
To contact John Kamin, call 428-2560 (ext. 240) or e-mail him at johnk@eacourier.com
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NEWS ROUNDUP
Cougars bringing cautions to Sabino Fearing that unusually bold mountain lions may attack visitors at Sabino Canyon, officials say they may be forced to close recreation areas there, relocate the cats or destroy them. Lions are a natural part of the canyon's ecosystem. But in recent months at least three of the normally shy, nocturnal cougars have been repeatedly seen in broad daylight, close to visitors and the main road. There have been reports of lions growling and not backing away when confronted by people in the canyon and surrounding neighborhoods, but no reports of injuries.... Column: Hunting for Votes Hunting and fishing may not be politically correct, but there are 47 million hunting and fishing enthusiasts in America. Add in some sympathetic family members, and suddenly the sportsmen's vote looks pretty significant. Nearly all recent presidents have enjoyed either hunting or fishing, or both. President Bush went quail hunting with his father on New Year's Day, but his most often-publicized hunting trip came a few years ago, when he went dove hunting and mistakenly shot a killdeer — a protected species of shorebird that looks a lot like a dove. Bush reported himself to the local game warden and paid the fine with no qualms.... Wilderness leadership school set for summer Think of it as sort of a summer school … for teachers. Registrations are open for the American Wilderness Leadership School — a series of weeklong workshops for teachers, students or anyone interested in outdoor education. There are two sites for the schools, which are sponsored by Safari Club International — a hunting advocacy and conservation organization with its headquarters in Tucson, Ariz. The locations are near Jackson, Wyoming, for those coming from the West and Bryant Pond, Maine, in the northeast. “Thousands of educators, many on scholarships from Safari Club International Chapters, have attended weeklong sessions at the American Wilderness Leadership School,” Taz Ridley, the chairman of the SCI Foundation Education Committee, says in a press release announcing the signups. “They have arrived generally knowing little about the great outdoors.... Grassland appeal not quite dead yet Industry, ranchers and county officials have teamed up to tell the feds: Your vision of the future of the Thunder Basin National Grassland is something we just can't live with. Although the Forest Service recently rebuffed all of the appellants' claims, neither side has given up hope. This week, the U.S. Department of Agriculture asked Forest Service Chief Dale Bosworth for the decision records his agency used in upholding the Northern Great Plains Management Plans Revision. With that move, the USDA signalled an uncommon willingness to reexamine the decision.... Colo. officials seek input to help plan for gray wolf One of the West's most symbolic and divisive environmental battles is expected to heat up this month as the state Division of Wildlife asks Coloradans to tell them how to manage gray wolves. With wolf packs slowly moving south from Yellowstone National Park toward the state line, Colorado officials are hoping to formulate a plan before the U.S. Fish and Wildlife Service removes the predator from the endangered species list, perhaps as soon as late this year. When the first wolves will arrive in Colorado is anyone's guess.... State may get some wolf management control Montana and Idaho officials would have some control over management of gray wolves in their states under a rule that the U.S. Fish and Wildlife Service is expected to propose before the end of the week.
Government officials declined to provide details of the plan, which livestock and environmental groups are wary about. The agency is ready to lay the plan on the table, because it is unable to proceed with a proposal to take wolves off the endangered species list and fully hand management to the states.... Editorial: Corps ignores upper Missouri water needs This year, the Corps' argument for giving priority to lower Missouri barge traffic is even weaker. The two largest barge companies have said they don't plan to navigate the river. That leaves just one tugboat captain in business, according to American Rivers, one of the organizations battling for better balance in river management. This decrease in barge traffic has occurred despite the fact that water and river flows have been managed for the benefit of navigation and at the expense of upriver recreation and endangered species. Meanwhile, many businesses in Montana are being devastated after years of drought and water discharges to maintain flow for the benefit of a few navigators on the lower river. Montana's pallid sturgeon are on the brink of extinction. The least tern and piping plover are without habitat. The shore of Fort Peck Lake has receded as much as 30 miles in some places. The Corps has left Montana sport fishermen and boaters up a river without enough water for recreation.... Column: Buy A Little, Steal A Lot Alabama voters have resolutely rejected higher taxation and are stridently demanding smaller, more efficient state government. Yet, Governor Riley's 2004 budget proposes that almost 17.5 million dollars of our oil and gas revenues be allocated for the removal of thousands of acres of privately owned lands from our state's tax rolls and that they be placed under government ownership in a program called "Alabama Forever Wild." This is not only a misuse of our tax dollars and a loss of future revenue for the state, but it also poses a serious threat to property owners in Alabama. This spring Alabama Forever Wild, in collusion with The Nature Conservancy, is planning to purchase 12,400 acres of land along the Alabama and Tennessee line in an area known as "The Walls of Jericho." The Nature Conservancy (TNC) eventually intends to buy 50,000 acres using revenue from Alabama's oil and gas leases and other revenues from Tennessee state grants. This is just the beginning. These 50,000 acres will only form the "core area" for a massive 3,000,000 acre tract (that's right, three million acres,) under the control of Forever Wild, TNC, and other radical environmental groups.... Supreme Court refuses to hear San Diego County toad case The Supreme Court on Monday refused to hear a San Diego developer's challenge to the Endangered Species Act, letting stand lower court rulings that protected the 3-inch arroyo southwestern toad. The endangered toad lives in creeks and streams in Baja California and Southern California, including northern San Diego County, where Rancho Viejo LLC planned to build a 280-home development in 2000. The U.S. Fish and Wildlife Service said the company's plans to use dirt from a nearby stream bed would disturb the toad's habitat, and suggested bringing in dirt from elsewhere. But Rancho Viejo sued, arguing that the interstate commerce clause of the Endangered Species Act did not apply to the project, in part because neither the development nor the toad's habitat crossed state borders. The argument was rejected by a federal judge, and the ruling was upheld last year by a three-judge panel of the U.S. Court of Appeals for the District of Columbia. The full court declined to reconsider the case, and environmental groups welcomed the Supreme Court's refusal to hear the developer's appeal.... Experts from Government, Private Sector to be Featured At 7th National Mitigation Banking Conference in New Orleans Officials from White House Council on Environmental Quality, Environmental Protection Agency, U.S. Fish and Wildlife Service, the Army Corps of Engineers will join experts from the private sector's mitigation banking industry at the 7th annual National Mitigation Banking Conference being held this week in New Orleans. One of the world's newest businesses -- banks that deal not in hard currency but in wetlands and endangered species -- convenes its primary players in the nation's wetlands state March 4-5 for two days of "how-to" interactive sessions that promise both new ideas and controversy.... Bison meat donated to tribes, food banks At least 100 bison have been captured in Yellowstone National Park since Saturday, and dozens of them will be shipped to slaughter, with the meat being distributed to Native American organizations and individuals as well as food banks. However, one prominent Indian group is urging its 53 member tribes not to cooperate with the program.... Column: Parks and Past Contradictions The Black Canyon in Western Colorado is one of the world’s most splendid examples of the depths to which erosion and uplift can go. A steep gash in ancient granite, nearly 3,000 feet deep and not much wider at its rim, the Black Canyon is the kind of geological anomaly we like to single out for national park designation. The Black Canyon started on this path in 1933, with a national monument designation by Congress, and was finally consummated in 1999, with full national park status. But the Black Canyon has been in the news lately, not because of its dramatic beauty, but because of the cracks in our contradictory park creation policy. This time the issue is water. The canyon was carved by a river, and it wouldn’t be a very meaningful park without a river. But with dams and diversions upstream of the canyon, there’s no guarantee that there will always be a river through the park, let alone what kind of river. This has long been known. So, after more than 60 years of fiddling around on the quantification of a 1933 federal reserved water right on the Gunnison River, the National Park Service filed a claim in 2001 for enough water to create a spring flood in the canyon, one that would replicate the way things were in 1933.... County rejects Clover Valley easementThe Clover Valley area will not have a conservation easement anytime in the near future. During a special session, Elko County Commissioners Friday denied a proposal through the Trust for Public Lands, Ranch Open Space of Nevada and Nevada Ranch LC for the acquisition of 8,700 acres of conservation easements in the area through a Question I grant. Ranch Open Space of Nevada was incorporated by members of the Nevada Cattlemen's Association to serve as an independent but affiliated land trust.... Move of Mustang Ranch brothel goes slowly Slowly but surely, the Mustang Ranch brothel is making its way down Interstate 80 to its new location. Ralph Lynn is moving Nevada's most famous bordello one exit east after it was bought by Reno developer Lance Gilman for $145,000. Gilman bought the brothel buildings in October from the US Bureau of Land Management, which auctioned it on eBay. He's moving it to his new brothel, the Wild Horse Canyon and Spa, located off the Patrick exit near a business park. Moving the buildings was stalled in January by legal challenges filed by owners of the business park, who argue Gilman's brothel is inappropriate for the location.... Bush reshapes environmental debate Making life easier for people now gets more priority than protecting an endangered salamander. Preventing a wildfire from engulfing a home trumps not cutting down a tree. Cheap electricity prevails over cleaner air, at least for the time being. Bush sells his policies in the simplest of terms, like "healthy forests" and "clear skies." Environmentalists call those labels deliberate misnomers, intended to mask an agenda far different and more complex.... Eco-Traitor Patrick Moore has been called a sellout, traitor, parasite, and prostitute - and that's by critics exercising self-restraint. It's not hard to see why they're angry. Moore helped found Greenpeace and devoted 15 years to waging the organization's flamboyant brand of environmental warfare. He campaigned against nuclear testing, whaling, seal hunting, pesticides, supertankers, uranium mining, and toxic waste dumping. As the nonprofit's scientific spokesperson, he was widely quoted and frequently photographed, often while being taken into custody. Then, in 1986, the PhD ecologist abruptly turned his back on the environmental movement. He didn't just retire; he joined the other side. Today, he's a mouthpiece for some of the very interests Greenpeace was founded to counter, notably the timber and plastics industries. He argues that the Amazon rain forest is doing fine, that the Three Gorges Dam is the smartest thing China could do for its energy supply, and that opposition to genetically modified foods is tantamount to mass murder.... Beef prices low this spring, could rise later Beef prices will likely be depressed throughout the spring but could increase by this summer or fall as foreign markets reopen their borders to American beef, cattle experts predict. C. Wilson Gray, an extension economist with the University of Idaho's Twin Falls Research and Extension Center, blamed the low prices on increased supply and last year's announcement that a cow in Washington was infected with bovine spongiform encephalopathy, commonly called mad cow disease. "I think at least through the spring, we're kind of set up for as much production as the market wants to handle, so that's going to depress prices for a while," Gray said. "In the longer term, we're looking pretty good."....It's All Trew: Early-day hair curling, 'fixing' not for faint of heart Friend Onie Sims and granddaughter collect hair curling tools. Some earlier models date back to heating in a lamp chimney, charcoal burners and on top of wood stoves. It was quite an ordeal to "crimp" or as Onie calls it, "burn hair." Most early-day women did not have the time or money for such luxuries as "fixing hair." It was handier to keep their hair in a bun, held in place on the rear of their head with hairpins. Hats were worn to town and church pinned on with hatpins. At home and around the farm, heavy black hairnets kept the hair out of food and in place when working out in the wind....
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Cougars bringing cautions to Sabino Fearing that unusually bold mountain lions may attack visitors at Sabino Canyon, officials say they may be forced to close recreation areas there, relocate the cats or destroy them. Lions are a natural part of the canyon's ecosystem. But in recent months at least three of the normally shy, nocturnal cougars have been repeatedly seen in broad daylight, close to visitors and the main road. There have been reports of lions growling and not backing away when confronted by people in the canyon and surrounding neighborhoods, but no reports of injuries.... Column: Hunting for Votes Hunting and fishing may not be politically correct, but there are 47 million hunting and fishing enthusiasts in America. Add in some sympathetic family members, and suddenly the sportsmen's vote looks pretty significant. Nearly all recent presidents have enjoyed either hunting or fishing, or both. President Bush went quail hunting with his father on New Year's Day, but his most often-publicized hunting trip came a few years ago, when he went dove hunting and mistakenly shot a killdeer — a protected species of shorebird that looks a lot like a dove. Bush reported himself to the local game warden and paid the fine with no qualms.... Wilderness leadership school set for summer Think of it as sort of a summer school … for teachers. Registrations are open for the American Wilderness Leadership School — a series of weeklong workshops for teachers, students or anyone interested in outdoor education. There are two sites for the schools, which are sponsored by Safari Club International — a hunting advocacy and conservation organization with its headquarters in Tucson, Ariz. The locations are near Jackson, Wyoming, for those coming from the West and Bryant Pond, Maine, in the northeast. “Thousands of educators, many on scholarships from Safari Club International Chapters, have attended weeklong sessions at the American Wilderness Leadership School,” Taz Ridley, the chairman of the SCI Foundation Education Committee, says in a press release announcing the signups. “They have arrived generally knowing little about the great outdoors.... Grassland appeal not quite dead yet Industry, ranchers and county officials have teamed up to tell the feds: Your vision of the future of the Thunder Basin National Grassland is something we just can't live with. Although the Forest Service recently rebuffed all of the appellants' claims, neither side has given up hope. This week, the U.S. Department of Agriculture asked Forest Service Chief Dale Bosworth for the decision records his agency used in upholding the Northern Great Plains Management Plans Revision. With that move, the USDA signalled an uncommon willingness to reexamine the decision.... Colo. officials seek input to help plan for gray wolf One of the West's most symbolic and divisive environmental battles is expected to heat up this month as the state Division of Wildlife asks Coloradans to tell them how to manage gray wolves. With wolf packs slowly moving south from Yellowstone National Park toward the state line, Colorado officials are hoping to formulate a plan before the U.S. Fish and Wildlife Service removes the predator from the endangered species list, perhaps as soon as late this year. When the first wolves will arrive in Colorado is anyone's guess.... State may get some wolf management control Montana and Idaho officials would have some control over management of gray wolves in their states under a rule that the U.S. Fish and Wildlife Service is expected to propose before the end of the week.
Government officials declined to provide details of the plan, which livestock and environmental groups are wary about. The agency is ready to lay the plan on the table, because it is unable to proceed with a proposal to take wolves off the endangered species list and fully hand management to the states.... Editorial: Corps ignores upper Missouri water needs This year, the Corps' argument for giving priority to lower Missouri barge traffic is even weaker. The two largest barge companies have said they don't plan to navigate the river. That leaves just one tugboat captain in business, according to American Rivers, one of the organizations battling for better balance in river management. This decrease in barge traffic has occurred despite the fact that water and river flows have been managed for the benefit of navigation and at the expense of upriver recreation and endangered species. Meanwhile, many businesses in Montana are being devastated after years of drought and water discharges to maintain flow for the benefit of a few navigators on the lower river. Montana's pallid sturgeon are on the brink of extinction. The least tern and piping plover are without habitat. The shore of Fort Peck Lake has receded as much as 30 miles in some places. The Corps has left Montana sport fishermen and boaters up a river without enough water for recreation.... Column: Buy A Little, Steal A Lot Alabama voters have resolutely rejected higher taxation and are stridently demanding smaller, more efficient state government. Yet, Governor Riley's 2004 budget proposes that almost 17.5 million dollars of our oil and gas revenues be allocated for the removal of thousands of acres of privately owned lands from our state's tax rolls and that they be placed under government ownership in a program called "Alabama Forever Wild." This is not only a misuse of our tax dollars and a loss of future revenue for the state, but it also poses a serious threat to property owners in Alabama. This spring Alabama Forever Wild, in collusion with The Nature Conservancy, is planning to purchase 12,400 acres of land along the Alabama and Tennessee line in an area known as "The Walls of Jericho." The Nature Conservancy (TNC) eventually intends to buy 50,000 acres using revenue from Alabama's oil and gas leases and other revenues from Tennessee state grants. This is just the beginning. These 50,000 acres will only form the "core area" for a massive 3,000,000 acre tract (that's right, three million acres,) under the control of Forever Wild, TNC, and other radical environmental groups.... Supreme Court refuses to hear San Diego County toad case The Supreme Court on Monday refused to hear a San Diego developer's challenge to the Endangered Species Act, letting stand lower court rulings that protected the 3-inch arroyo southwestern toad. The endangered toad lives in creeks and streams in Baja California and Southern California, including northern San Diego County, where Rancho Viejo LLC planned to build a 280-home development in 2000. The U.S. Fish and Wildlife Service said the company's plans to use dirt from a nearby stream bed would disturb the toad's habitat, and suggested bringing in dirt from elsewhere. But Rancho Viejo sued, arguing that the interstate commerce clause of the Endangered Species Act did not apply to the project, in part because neither the development nor the toad's habitat crossed state borders. The argument was rejected by a federal judge, and the ruling was upheld last year by a three-judge panel of the U.S. Court of Appeals for the District of Columbia. The full court declined to reconsider the case, and environmental groups welcomed the Supreme Court's refusal to hear the developer's appeal.... Experts from Government, Private Sector to be Featured At 7th National Mitigation Banking Conference in New Orleans Officials from White House Council on Environmental Quality, Environmental Protection Agency, U.S. Fish and Wildlife Service, the Army Corps of Engineers will join experts from the private sector's mitigation banking industry at the 7th annual National Mitigation Banking Conference being held this week in New Orleans. One of the world's newest businesses -- banks that deal not in hard currency but in wetlands and endangered species -- convenes its primary players in the nation's wetlands state March 4-5 for two days of "how-to" interactive sessions that promise both new ideas and controversy.... Bison meat donated to tribes, food banks At least 100 bison have been captured in Yellowstone National Park since Saturday, and dozens of them will be shipped to slaughter, with the meat being distributed to Native American organizations and individuals as well as food banks. However, one prominent Indian group is urging its 53 member tribes not to cooperate with the program.... Column: Parks and Past Contradictions The Black Canyon in Western Colorado is one of the world’s most splendid examples of the depths to which erosion and uplift can go. A steep gash in ancient granite, nearly 3,000 feet deep and not much wider at its rim, the Black Canyon is the kind of geological anomaly we like to single out for national park designation. The Black Canyon started on this path in 1933, with a national monument designation by Congress, and was finally consummated in 1999, with full national park status. But the Black Canyon has been in the news lately, not because of its dramatic beauty, but because of the cracks in our contradictory park creation policy. This time the issue is water. The canyon was carved by a river, and it wouldn’t be a very meaningful park without a river. But with dams and diversions upstream of the canyon, there’s no guarantee that there will always be a river through the park, let alone what kind of river. This has long been known. So, after more than 60 years of fiddling around on the quantification of a 1933 federal reserved water right on the Gunnison River, the National Park Service filed a claim in 2001 for enough water to create a spring flood in the canyon, one that would replicate the way things were in 1933.... County rejects Clover Valley easementThe Clover Valley area will not have a conservation easement anytime in the near future. During a special session, Elko County Commissioners Friday denied a proposal through the Trust for Public Lands, Ranch Open Space of Nevada and Nevada Ranch LC for the acquisition of 8,700 acres of conservation easements in the area through a Question I grant. Ranch Open Space of Nevada was incorporated by members of the Nevada Cattlemen's Association to serve as an independent but affiliated land trust.... Move of Mustang Ranch brothel goes slowly Slowly but surely, the Mustang Ranch brothel is making its way down Interstate 80 to its new location. Ralph Lynn is moving Nevada's most famous bordello one exit east after it was bought by Reno developer Lance Gilman for $145,000. Gilman bought the brothel buildings in October from the US Bureau of Land Management, which auctioned it on eBay. He's moving it to his new brothel, the Wild Horse Canyon and Spa, located off the Patrick exit near a business park. Moving the buildings was stalled in January by legal challenges filed by owners of the business park, who argue Gilman's brothel is inappropriate for the location.... Bush reshapes environmental debate Making life easier for people now gets more priority than protecting an endangered salamander. Preventing a wildfire from engulfing a home trumps not cutting down a tree. Cheap electricity prevails over cleaner air, at least for the time being. Bush sells his policies in the simplest of terms, like "healthy forests" and "clear skies." Environmentalists call those labels deliberate misnomers, intended to mask an agenda far different and more complex.... Eco-Traitor Patrick Moore has been called a sellout, traitor, parasite, and prostitute - and that's by critics exercising self-restraint. It's not hard to see why they're angry. Moore helped found Greenpeace and devoted 15 years to waging the organization's flamboyant brand of environmental warfare. He campaigned against nuclear testing, whaling, seal hunting, pesticides, supertankers, uranium mining, and toxic waste dumping. As the nonprofit's scientific spokesperson, he was widely quoted and frequently photographed, often while being taken into custody. Then, in 1986, the PhD ecologist abruptly turned his back on the environmental movement. He didn't just retire; he joined the other side. Today, he's a mouthpiece for some of the very interests Greenpeace was founded to counter, notably the timber and plastics industries. He argues that the Amazon rain forest is doing fine, that the Three Gorges Dam is the smartest thing China could do for its energy supply, and that opposition to genetically modified foods is tantamount to mass murder.... Beef prices low this spring, could rise later Beef prices will likely be depressed throughout the spring but could increase by this summer or fall as foreign markets reopen their borders to American beef, cattle experts predict. C. Wilson Gray, an extension economist with the University of Idaho's Twin Falls Research and Extension Center, blamed the low prices on increased supply and last year's announcement that a cow in Washington was infected with bovine spongiform encephalopathy, commonly called mad cow disease. "I think at least through the spring, we're kind of set up for as much production as the market wants to handle, so that's going to depress prices for a while," Gray said. "In the longer term, we're looking pretty good."....It's All Trew: Early-day hair curling, 'fixing' not for faint of heart Friend Onie Sims and granddaughter collect hair curling tools. Some earlier models date back to heating in a lamp chimney, charcoal burners and on top of wood stoves. It was quite an ordeal to "crimp" or as Onie calls it, "burn hair." Most early-day women did not have the time or money for such luxuries as "fixing hair." It was handier to keep their hair in a bun, held in place on the rear of their head with hairpins. Hats were worn to town and church pinned on with hatpins. At home and around the farm, heavy black hairnets kept the hair out of food and in place when working out in the wind....
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Sunday, February 29, 2004
NEWS ROUNDUP
Column: Beware 'Sound Science.' It's Doublespeak for Trouble When George W. Bush and members of his administration talk about environmental policy, the phrase "sound science" rarely goes unuttered. On issues ranging from climate change to the storage of nuclear waste in Nevada's Yucca Mountain, our president has assured us that he's backing up his decisions with careful attention to the best available research. It's not just Bush: Republican lawmakers in the House of Representatives, led by Reps. Chris Cannon of Utah and Jim Gibbons of Nevada, have announced the formation of a "Sound Science Caucus" to ramp up the role of "empirical" and "peer reviewed" data in laws such as the Endangered Species Act. And last August the Office of Management and Budget unveiled a proposal to amplify the role of "peer review" in the evaluation of scientific research conducted by federal agencies such as the Environmental Protection Agency (EPA). It all sounds noble enough, but the phrases "sound science" and "peer review" don't necessarily mean what you might think. Instead, they're part of a lexicon used to put a pro-science veneer on policies that most of the scientific community itself tends to be up in arms about.... Final wolf-management bill dies Wyoming's case against the federal government over the rejection of its wolf-management plan may now be a little murky after the final bill dealing with the issue died in the Senate. House Bill 111 failed to get out of the Senate Travel, Recreation, Wildlife and Cultural Resources Committee on Friday, committee chair Sen. Delaine Roberts, R-Etna, said.... Beach closures to resume Monday as plover nesting season begins For the next seven months, one beach will have limited hours and restricted access, another will have ropes outlining off-limit areas, and a third will make large sections off-limits to off-road vehicles. Each stretch of coast is operated by a different agency -- the Air Force, the county and the state -- but the one common factor linking the Surf, Guadalupe and Oceano beaches is a federally protected shorebird: the western snowy plover.... Enviro Group Sues Wind Farm to Stop Bird Deaths Giant wind turbines at Altamont Pass, California, are illegally killing more than 1,000 birds of prey each year, according to a lawsuit filed January 12 by the Center for Biological Diversity. The suit demands an injunction halting operation of the turbines until and unless protective measures are taken and highlights increasing concerns regarding a power source long hailed as environmentally friendly by environmental activist groups.... Pombo Calls for Changes to Endangered Species Act House Resources Committee Chairman Richard Pombo (R-California) marked the 30th anniversary of the Endangered Species Act (ESA) by pledging to introduce incremental changes designed to facilitate cooperation between citizen-landowners and the federal government. Citing the fact that in the past 30 years very few species have recovered to the point of removal from endangered status, Pombo noted private citizens need more federal cooperation and incentives to create and maintain habitat hospitable to endangered species.... Deputies shoot, kill mountain lion near elementary school Sheriff's deputies shot and killed a mountain lion near an elementary school Friday after a golfer reported being stalked by the animal. The incident began about 9 a.m. when the golfer heard a rustling in bushes behind him and came face-to-face with a mountain lion four feet away, said sheriff's Sgt. Peggy Frailey. Three deputies kept the animal contained in the brush until officers from the state Department of Fish and Game arrived about an hour later and advised deputies to shoot and kill the animal, said Lt. Mike Ference of the state agency.... Splintered sage grouse group seeks outside help The Gunnison Sage Grouse Working Group (GSGWG), formed in 1995, is a model for a collaborative, community-driven process. It is comprised of a diverse group of individuals, committed to restoring the Gunnison Sage Grouse population. They have worked through tough issues and used consensus to develop, implement, and evaluate a conservation plan while increasing public awareness of the vulnerable and unique bird species that calls the Gunnison Basin home. But there is a catch: the sage grouse populations are continuing to shrink in numbers in spite of the group’s conservation plan; populations have declined by 30 percent in the last two years. And the GSGWG is fragmented, with members disagreeing over what needs to be done, which has threatened the continued existence of the group. Divisive issues for the group include the role cattle grazing on public lands plays in effecting sage grouse, and what strategies could be used to mitigate the impact of grazing. In addition, the group disagrees on the need for federal listing of the sage grouse as an endangered species and is concerned with the effects that may bring, particularly to private landowners.... E-Mail Blast Seeks Data on Bush Plans For Public Lands An advocacy group that opposes President Bush's environmental policies e-mailed nearly 60,000 Interior Department employees Thursday to seek help in identifying White House initiatives that could threaten national parks and wilderness areas. Peter Altman, director of the Campaign to Protect America's Lands, said the goal of the e-mail blast was to help detect federal rule changes sought by industry that the administration might more vigorously pursue if Bush faces a tough reelection contest.... Utah Oil and Gas Leases Stir Criticism The Bush administration has moved ahead with its plan to auction oil and gas leases on environmentally sensitive lands in Utah, reaping millions of dollars from broad swaths of lands near a national monument. A detailed analysis of the leases auctioned to date, conducted by the Environmental Working Group, an advocacy group that opposed the leases, found that they encompass dozens of critical wildlife habitats that are now open for development. In many cases, the leases were purchased by contributors to President Bush's reelection campaign.... Wildlife, Gas Fields Squeeze Into a Key Migratory Corridor The cluster of mule deer munching on sagebrush peeking out of the snow seems unfazed by the screeching, whooshing and clanging from the drilling rig less than 100 feet away. But as they quietly graze on this wind-swept plateau in southwestern Wyoming, these animals are at the center of an intensifying tug of war over the fate of vast stretches of federal land in the Rocky Mountains. Their chosen feeding spot on this frigid winter day, the Pinedale Anticline, has been a crucial winter range and migratory corridor for big game for thousands of years. During the winter, it hosts Serengeti-like congregations of animals — some 100,000 mule deer, pronghorn, moose, elk and bighorn sheep. In the last few years, it has also become a booming natural gas field, supplying clean energy to heat and cool houses and fuel electric power plants in California and elsewhere in the West.... Lake Powell in peril? If the continuing drought in the West doesn't end soon, water experts say you can imagine the unimageinable. Lake Powell, the 25 million acre-foot reservoir formed by Glen Canyon Dam in 1968, is now less than half full. It's not a philosophical question about the reservoir being half empty or half full. It didn't fill up last year. Since the drought of 2002, it's draining faster than it's filling. While water experts admit there are lot of "ifs" in their calculations, they are beginning to get concerned. Eagle County's Eagle River is a tributary of the Colorado River. If the drought, now in its third year, continues at current rates -and forecasts vary - the huge lake could be drained by 2010, leaving Colorado to supply 7.5 million acre-feet it agreed to supply downstream states under the 1922 Colorado River Interstate Compact.... Slaughterville Declines Proposal to Become Veggieville In recent years, People for the Ethical Treatment of Animals, the animal rights group, has asked the cities of Rodeo, Calif., Hamburg, N.Y., and Fishkill, N.Y., to switch to more "animal friendly" names. All refused. Two weeks ago, in yet another defeat to the organization's renaming efforts, officials declined to change their town's name from Slaughterville to Veggieville, Okla.... Estelle Reel, forgotten Frontier politician She campaigned across the prairie with the best of the men, dancing through scandal. Her political acumen made her the highest-ranking woman of her day to serve in the federal government, and when she got to Washington, D.C., she wore a $2,000 Parisian gown. In 1895, Estelle Reel became the first woman in the nation to be elected to statewide office. She promoted herself with finesse, eventually earning a federal appointment from President McKinley. In 1894, Reel sent campaign brochures containing her photograph to voters throughout Wyoming, reportedly causing numerous cowboys to ride as many as sixty miles to cast their ballots for the pretty woman candidate. She traveled with her Republican counterparts -- all men -- throughout the state on stagecoaches, on horseback, and in wagons to speak to voters, often dancing with them at the dances held following political rallies.... A Hummer Alongside a Horse? The Rodeo Must Be in Houston The caravans of trail riders have streamed into the city with their covered wagons and horses, the carnival lights are aglow and the air is smoky with barbecue fires. It's rodeo time in Houston, when Texas comes to town. And so, Friday night nearly 4,800 trail riders with more than 200 wagons converged on Houston from 14 distant points, traveling historic trails of the pioneers. It is a tradition that began in 1952 when a rodeo official, stymied by bad weather that grounded his flight, vowed never to attend another Houston livestock show "where I couldn't ride my horse home.".... On The Edge Of Common Sense: Unless I'm in New Zealand, I'll order American lamb I was in a nice restaurant in California recently. The menu included sumptuous entrees that featured ribeye steak and filet mignon. I noticed they also offered gourmet lamb chops. I asked, as I always do, if it was American lamb or imported from New Zealand. The waitress didn't know, so the owner came out. She said it was imported from New Zealand. We had a discussion. She gave no ground, even saying that she preferred the imported lamb because it didn't have that 'gamey' taste. She had no feeling, sympathetic, patriotic, isolationist, political, or otherwise for supporting American sheep producers. She was a businesswoman....
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Column: Beware 'Sound Science.' It's Doublespeak for Trouble When George W. Bush and members of his administration talk about environmental policy, the phrase "sound science" rarely goes unuttered. On issues ranging from climate change to the storage of nuclear waste in Nevada's Yucca Mountain, our president has assured us that he's backing up his decisions with careful attention to the best available research. It's not just Bush: Republican lawmakers in the House of Representatives, led by Reps. Chris Cannon of Utah and Jim Gibbons of Nevada, have announced the formation of a "Sound Science Caucus" to ramp up the role of "empirical" and "peer reviewed" data in laws such as the Endangered Species Act. And last August the Office of Management and Budget unveiled a proposal to amplify the role of "peer review" in the evaluation of scientific research conducted by federal agencies such as the Environmental Protection Agency (EPA). It all sounds noble enough, but the phrases "sound science" and "peer review" don't necessarily mean what you might think. Instead, they're part of a lexicon used to put a pro-science veneer on policies that most of the scientific community itself tends to be up in arms about.... Final wolf-management bill dies Wyoming's case against the federal government over the rejection of its wolf-management plan may now be a little murky after the final bill dealing with the issue died in the Senate. House Bill 111 failed to get out of the Senate Travel, Recreation, Wildlife and Cultural Resources Committee on Friday, committee chair Sen. Delaine Roberts, R-Etna, said.... Beach closures to resume Monday as plover nesting season begins For the next seven months, one beach will have limited hours and restricted access, another will have ropes outlining off-limit areas, and a third will make large sections off-limits to off-road vehicles. Each stretch of coast is operated by a different agency -- the Air Force, the county and the state -- but the one common factor linking the Surf, Guadalupe and Oceano beaches is a federally protected shorebird: the western snowy plover.... Enviro Group Sues Wind Farm to Stop Bird Deaths Giant wind turbines at Altamont Pass, California, are illegally killing more than 1,000 birds of prey each year, according to a lawsuit filed January 12 by the Center for Biological Diversity. The suit demands an injunction halting operation of the turbines until and unless protective measures are taken and highlights increasing concerns regarding a power source long hailed as environmentally friendly by environmental activist groups.... Pombo Calls for Changes to Endangered Species Act House Resources Committee Chairman Richard Pombo (R-California) marked the 30th anniversary of the Endangered Species Act (ESA) by pledging to introduce incremental changes designed to facilitate cooperation between citizen-landowners and the federal government. Citing the fact that in the past 30 years very few species have recovered to the point of removal from endangered status, Pombo noted private citizens need more federal cooperation and incentives to create and maintain habitat hospitable to endangered species.... Deputies shoot, kill mountain lion near elementary school Sheriff's deputies shot and killed a mountain lion near an elementary school Friday after a golfer reported being stalked by the animal. The incident began about 9 a.m. when the golfer heard a rustling in bushes behind him and came face-to-face with a mountain lion four feet away, said sheriff's Sgt. Peggy Frailey. Three deputies kept the animal contained in the brush until officers from the state Department of Fish and Game arrived about an hour later and advised deputies to shoot and kill the animal, said Lt. Mike Ference of the state agency.... Splintered sage grouse group seeks outside help The Gunnison Sage Grouse Working Group (GSGWG), formed in 1995, is a model for a collaborative, community-driven process. It is comprised of a diverse group of individuals, committed to restoring the Gunnison Sage Grouse population. They have worked through tough issues and used consensus to develop, implement, and evaluate a conservation plan while increasing public awareness of the vulnerable and unique bird species that calls the Gunnison Basin home. But there is a catch: the sage grouse populations are continuing to shrink in numbers in spite of the group’s conservation plan; populations have declined by 30 percent in the last two years. And the GSGWG is fragmented, with members disagreeing over what needs to be done, which has threatened the continued existence of the group. Divisive issues for the group include the role cattle grazing on public lands plays in effecting sage grouse, and what strategies could be used to mitigate the impact of grazing. In addition, the group disagrees on the need for federal listing of the sage grouse as an endangered species and is concerned with the effects that may bring, particularly to private landowners.... E-Mail Blast Seeks Data on Bush Plans For Public Lands An advocacy group that opposes President Bush's environmental policies e-mailed nearly 60,000 Interior Department employees Thursday to seek help in identifying White House initiatives that could threaten national parks and wilderness areas. Peter Altman, director of the Campaign to Protect America's Lands, said the goal of the e-mail blast was to help detect federal rule changes sought by industry that the administration might more vigorously pursue if Bush faces a tough reelection contest.... Utah Oil and Gas Leases Stir Criticism The Bush administration has moved ahead with its plan to auction oil and gas leases on environmentally sensitive lands in Utah, reaping millions of dollars from broad swaths of lands near a national monument. A detailed analysis of the leases auctioned to date, conducted by the Environmental Working Group, an advocacy group that opposed the leases, found that they encompass dozens of critical wildlife habitats that are now open for development. In many cases, the leases were purchased by contributors to President Bush's reelection campaign.... Wildlife, Gas Fields Squeeze Into a Key Migratory Corridor The cluster of mule deer munching on sagebrush peeking out of the snow seems unfazed by the screeching, whooshing and clanging from the drilling rig less than 100 feet away. But as they quietly graze on this wind-swept plateau in southwestern Wyoming, these animals are at the center of an intensifying tug of war over the fate of vast stretches of federal land in the Rocky Mountains. Their chosen feeding spot on this frigid winter day, the Pinedale Anticline, has been a crucial winter range and migratory corridor for big game for thousands of years. During the winter, it hosts Serengeti-like congregations of animals — some 100,000 mule deer, pronghorn, moose, elk and bighorn sheep. In the last few years, it has also become a booming natural gas field, supplying clean energy to heat and cool houses and fuel electric power plants in California and elsewhere in the West.... Lake Powell in peril? If the continuing drought in the West doesn't end soon, water experts say you can imagine the unimageinable. Lake Powell, the 25 million acre-foot reservoir formed by Glen Canyon Dam in 1968, is now less than half full. It's not a philosophical question about the reservoir being half empty or half full. It didn't fill up last year. Since the drought of 2002, it's draining faster than it's filling. While water experts admit there are lot of "ifs" in their calculations, they are beginning to get concerned. Eagle County's Eagle River is a tributary of the Colorado River. If the drought, now in its third year, continues at current rates -and forecasts vary - the huge lake could be drained by 2010, leaving Colorado to supply 7.5 million acre-feet it agreed to supply downstream states under the 1922 Colorado River Interstate Compact.... Slaughterville Declines Proposal to Become Veggieville In recent years, People for the Ethical Treatment of Animals, the animal rights group, has asked the cities of Rodeo, Calif., Hamburg, N.Y., and Fishkill, N.Y., to switch to more "animal friendly" names. All refused. Two weeks ago, in yet another defeat to the organization's renaming efforts, officials declined to change their town's name from Slaughterville to Veggieville, Okla.... Estelle Reel, forgotten Frontier politician She campaigned across the prairie with the best of the men, dancing through scandal. Her political acumen made her the highest-ranking woman of her day to serve in the federal government, and when she got to Washington, D.C., she wore a $2,000 Parisian gown. In 1895, Estelle Reel became the first woman in the nation to be elected to statewide office. She promoted herself with finesse, eventually earning a federal appointment from President McKinley. In 1894, Reel sent campaign brochures containing her photograph to voters throughout Wyoming, reportedly causing numerous cowboys to ride as many as sixty miles to cast their ballots for the pretty woman candidate. She traveled with her Republican counterparts -- all men -- throughout the state on stagecoaches, on horseback, and in wagons to speak to voters, often dancing with them at the dances held following political rallies.... A Hummer Alongside a Horse? The Rodeo Must Be in Houston The caravans of trail riders have streamed into the city with their covered wagons and horses, the carnival lights are aglow and the air is smoky with barbecue fires. It's rodeo time in Houston, when Texas comes to town. And so, Friday night nearly 4,800 trail riders with more than 200 wagons converged on Houston from 14 distant points, traveling historic trails of the pioneers. It is a tradition that began in 1952 when a rodeo official, stymied by bad weather that grounded his flight, vowed never to attend another Houston livestock show "where I couldn't ride my horse home.".... On The Edge Of Common Sense: Unless I'm in New Zealand, I'll order American lamb I was in a nice restaurant in California recently. The menu included sumptuous entrees that featured ribeye steak and filet mignon. I noticed they also offered gourmet lamb chops. I asked, as I always do, if it was American lamb or imported from New Zealand. The waitress didn't know, so the owner came out. She said it was imported from New Zealand. We had a discussion. She gave no ground, even saying that she preferred the imported lamb because it didn't have that 'gamey' taste. She had no feeling, sympathetic, patriotic, isolationist, political, or otherwise for supporting American sheep producers. She was a businesswoman....
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