NEWS ROUNDUP
Conservation groups seek protection for sage grouse Twenty conservation organizations submitted a petition to the U.S. Fish and Wildlife Service on Monday to list the greater sage grouse as threatened or endangered under the Endangered Species Act. The species has suffered declines of 45 percent to 80 percent over the past 20 years due to habitat loss, the groups said. "The sage grouse is clearly in trouble," said Erik Molvar, wildlife biologist for Laramie-based Biodiversity Conservation Alliance. "And yet the deterioration in land stewardship on federal public lands is driving this bird even faster towards extinction...Forest funding declines A federal reduction of about $150,000 in one year's funding for updating the Shoshone Forest Plan could slow the project. Forest planner Bryan Armel said cuts in revising forest plans are being experienced throughout the Forest Service's Rocky Mountain Region, and likely across the nation. That's because the agency at the national level has shifted emphasis - and funding - away from planning toward action, namely thinning stands of timber adjacent to developed property...Roads, vehicles points to ponder Although many environmental groups support the goals of the Klamath Tribes' forest management plan, some are leery of how the Tribes would go about reaching them. Many who live next to the national forestland in northern Klamath County say they haven't yet been able to read to plan. But before the plan's public release the Tribes met with a number of environmental group leaders in Eugene on Dec. 4, where the co-authors of the plan outlined what the Tribes would do if 690,000 acres of national forest land became a re-established reservation. The meeting hosts were the Wilderness Society and Ecotrust. It was the first time many of the environmental groups got to see the nuts and bolts of the plan that has gotten divided response from conservation groups on the question of who should control the land...State loses mountain-biking status Colorado has fallen from first to fifth in an annual report card for mountain biking, with the authors complaining of restrictive policies around the state. The International Mountain Biking Association, a Boulder-based advocacy group, stripped Colorado of its most-favored status and gave it to Arizona because of restrictive Forest Service and Bureau of Land Management policies...Bike-clinic leader faults BLM for permit problem Gene Hamilton had hoped to lead mountain-biking clinics this past summer and fall in the Grand Valley, but he ran into the federal government. Now, he said, his business plans are a year behind, and the delay has cost him at least $400, not counting lost business. He said the federal Bureau of Land Management, which administers most of the public lands around Grand Junction where mountain biking is popular, failed to tell him that getting a permit would take so long he would miss all of his 2003 business opportunities. The BLM said it could have done a better job of communicating time requirements to Hamilton, but said it was ultimately Hamilton's responsibility to ask the agency pertinent questions and to make sure he had a permit before starting operations on public lands...Endangered Species Listings May Backfire New research confirms that Endangered Species Act listings do not necessarily help--and may even harm--rare species on private lands. "Private landowners' responses suggested that the current regulatory approach to rare species conservation is insufficient to protect the Preble's mouse," write Amara Brook, Michaela Zint, and Raymond De Young of the University of Michigan in Ann Arbor in the December issue of Conservation Biology. More than 90 percent of federally listed species live at least partly on lands not owned by the federal government, and as many as half live entirely on nonfederal land, much of which is private. Anecdotal evidence suggests listing endangered species may not help protect them on private property because landowners may destroy species habitat to avoid land-use restrictions. Brook and her colleagues set out to test how widespread that practice might be...Condors take wing finally What a bunch of chickens. Friday's release of endangered California condors at Pinnacles National Monument was delayed a day because the birds stayed put. Going in, biologists knew that was a possibility. "It's nerve-racking because of the unknown," said Joe Burnett, a condor specialist for the Ventana Wilderness Society, before the scheduled release. Finally, two of the condors flew out Saturday afternoon - but without a spectacle and hundreds of bird watchers who waited 2 1/2 hours Friday before handlers closed the double-door trap. The two soared through the canyon Saturday and Sunday but stayed near the pen, according to ranger Brant Porter...Column: Wyoming's wolf plan needs fixing Before the ink even dried on Wyoming's wolf management plan, it was greeted by a chorus of howls. The U.S. Fish and Wildlife Service voiced strong concerns that the plan would not provide adequate assurances to prevent wolves from becoming threatened again. Neighboring political leaders, such as Montana Gov. Judy Martz, admonished Wyoming to create a more balanced plan so as not to delay the transition of wolf management to all three Northern Rocky states. Conservationists also believed that the Wyoming plan was too aggressive by allowing the immediate shooting of wolves. And this past week, in a process called "peer review" (a step in the wolf delisting process), a group of federal, state, and academic wolf experts from all over the country added themselves to the chorus of concern about Wyoming's wolf management plan...Researchers say wolves could help curb wasting disease Researchers are looking to wolves to help control the spread of chronic wasting disease in deer and elk, a fatal brain malady some biologists fear will invade Yellowstone National Park in the next few years. Wolves' uncanny ability to spot vulnerable animals may make them the best natural control for the disease, since wolves could kill off sick animals, researchers say. Wasting disease makes its victims distracted and unwary as it eats tiny holes in their brains, the Denver Post reported...Wolf kill trust pays ranchers $68K Defenders of Wildlife, a Washington, D.C.-based environmental group, paid out more than $68,000 to 46 ranchers who lost sheep and cattle to wolves in 2003, with much of the money going to Montana and Idaho ranchers. ''There were 294 animals (lost),'' said Nina Fascione, vice president of species conservation for Defenders of Wildlife. Those figures represent wolf kills from October 2002 until October 2003. A total of $68,484 was paid to ranchers in that time. Since 1987, the group has paid out more than $335,000 to ranchers who lost sheep or cattle to wolves as part of an effort to ''put our money where our mouth is,'' Fascione said. The group supports wolf reintroduction and expansion of existing wolf range...Texas A&M Says It Has Cloned First Deer Scientists at Texas A&M University have produced what they believe is the first cloned deer, the school said on Monday. Tests have confirmed that a fawn named Dewey born to a surrogate mother in May was a genetic duplicate of a male white-tailed deer from southern Texas whose skin samples were used in the cloning process, the school said. Even though white-tailed deer are abundant in the wild, Westhusin said in a statement the creation of Dewey could prove helpful in preserving endangered species such as the Key West deer of Florida...Gays Banned From National Parks Civil Service Group Says All images of gay gatherings at national sites, including the Millennium March on the Washington Mall have been ordered removed from videotapes that have been shown at the Lincoln Memorial since 1995 according to a civil service group. Public Employees for Environmental Responsibility (PEER) says that the directive came from National Parks Service Deputy Director Donald Murphy. Murphy is said to have been concerned about pictures in the video that showed same-sex couples kissing and holding hands after conservative groups complained. Also ordered cut from the tape were scenes of abortion rights demonstrations at the memorial, and anti-Vietnam War demonstrations "because it implies that Lincoln would have supported homosexual and abortion rights as well as feminism."...Editorial: Yellowstone fight goes another round The decision, handed down as vacationers to the park were arriving and the tourism industry that caters to them had swung into full operation for the season, requires the Park Service to reinstate a phased ban on snowmobiles. The judge ruled that the ban, instituted by the Clinton administration, had been improperly rescinded by the Bush administration. You can expect this back-and-forth business to continue for some time to come. The issue is entirely political in nature, and it isn't going to be settled until one side or the other -- people who favor snowmobiles in the park or those who oppose them -- gain overwhelming advantage over the other. That isn't likely to happen anytime soon. There is no clear right or wrong involved here. The issue hangs entirely on personal preference. Snowmobiles are endlessly amusing to those who ride (or sell and rent) them. They're annoying to people in proximity who don't ride them -- especially people seeking a quiet moment in the winter wonderland. The vast majority of Americans, however, live out their lives without once thinking about snowmobiles, one way or the other. Relatively few people can afford to own or rent the expensive toys, and even fewer consider speeding along, exposed, in subzero temperatures an attractive avocation. Meanwhile, many of the people who oppose snowmobiles in Yellowstone have never and will never see one there. It's the idea they don't like...Snowmobile appeal could take 11 months The state of Wyoming has appealed a federal judge's ruling that snowmobiles be gradually phased out of Yellowstone National Park, but state officials don't expect a decision for nearly a year. The ruling by Judge Emmet Sullivan last week has frustrated snowmobilers, guides and businesses surrounding Yellowstone that rely on winter tourism. "It's my understanding to have pursued an appeal and gotten a decision out of the D.C. Circuit Court of Appeals in a 10-to-11-months period would be about average," Wyoming Attorney General Pat Crank said. "If it takes that long to proceed through the D.C. Circuit Court of Appeals, we're left in a quandary next winter as well."...Column: Pray to Play, Bush's Faith-Based National Parks The view from the south rim of the Grand Canyon, smogged up as it is these days, still retains the power to prompt even the most secular of visitors into transcendentalist reveries as they cast theirs eyes toward Shiva's Temple and Wotan's Throne. Now tourists at the federal park in northern Arizona will be greeted with scriptural passages affixed to park signs to help interpret the religious experience of gazing into God's mighty chasm. This autumn Donald Murphy, deputy director of the National Park Service, ordered three bronze plaques featuring quotes from Psalms 68:4, 66:4 and 104:24 placed on viewing platforms on the south rim of the Canyon. The plaques were made and donated by the Evangelical Sisterhood of Mary in Phoenix, who live in a convent called Cannan in the Desert. The convent was founded in 1963 by Mother Basilea, who visited the Sinai where said said she conversed with the Supreme Diety about the moral decline of the western world... Dispute freezes ban on fishing in Tortugas A year and a half ago, the state and federal governments set aside the largest underwater refuge in America, an emerald expanse 70 miles west of Key West. The historic designation banned fishing in two vast zones totaling 151 square miles just outside Dry Tortugas National Park. But inside the park, sport anglers and spearfishers can still pull grouper, snapper and lobster from reefs and seagrass beds that managers had pledged would be protected. That's because a quarter of the planned Dry Tortugas Ecological Reserve -- another 46 square miles covering almost half the national park -- has quietly remained open to all but commercial fishing boats. What's holding up the closure is an arcane legal question: Who owns the bottom under all that ocean -- Florida or the federal government? The U.S. Interior Department, which manages the National Park Service, contends it does. The state argues federal rights end at the shoreline of seven small islands that make up the dry part of the Tortugas...Nevada judge reviewing grazing dispute between ranchers, feds A judge will offer an opinion early next year on whether state officials should have tried to block the federal seizure of cattle from a Nevada rancher accused of trespassing on U.S. land. At the request of Nevada Attorney General Brian Sandoval, Washoe District Judge Janet Berry agreed Monday to help clarify state procedures related to nearly a decade of "tension between ranchers and the Bureau of Land Management." The rare judicial confirmation hearing will not result in the cattle being returned, and Berry emphasized she will not address complicated legal questions regarding water rights, some dating to the 19th century. The judge also said she won't rule on ranchers' constitutional claims that land controlled by the Bureau of Land Management in Nevada and across the West is not truly "public land" and therefore not subject to BLM's environmental regulations. Rather, the judge said she will decide whether the state Agriculture Department had the authority - as the ranchers claim - to block the confiscation by refusing to formally certify the BLM's legal possession of the cattle after it seized 62 animals from Goldfield rancher Ben Colvin in 2001...Gas treasure or green haven for wildlife? With the Roan Plateau, it's all about perspective. To energy companies and the Bush administration, it is a key plank in the drive for U.S. energy independence because it sits atop a mother lode of clean-burning natural gas. to others, the plateau is a haven for wildlife and the cornerstone of the region's $3.8-million-a-year hunting industry. They fear the plateau is being sacrificed in a mad dash to develop rather than conserve energy...Rocky Mountain drilling Oil and gas companies eager to drill in the Rocky Mountain West appear to have an ally in the Bush administration, which is approving wells at a pace well ahead of the Clinton administration and looking to get even faster. An Associated Press review of thousands of applications to drill on Bureau of Land Management land since 1998 shows a 34 percent increase in the number of wells approved under Bush when compared with the last three years of the Clinton administration. The vast majority of the permits, 94 percent since 2001, are clustered in five states: Colorado, Montana, New Mexico, Utah and Wyoming - a key region in the administration's push to open more public land for energy development...Gas-drilling plans forced to pause The alliance between ranchers and environmentalists seeking stricter regulation of coal-bed methane drilling in the Powder River Basin has won a pair of decisions that put a hiccup into Bush administration plans to speed energy development in the West. Montana Bureau of Land Management director Marty Ott earlier this month halted progress on an 85-well Fidelity Exploration and Production Co. project near the Wyoming border. He demanded more information from the local BLM about how water pumped up during drilling will affect irrigation and ranching. In Wyoming, BLM officials have said they will take a similar action on a 20-well project near Gillette, said Jill Morrison of the Sheridan-based environmental group Powder River Basin Resource Council. The group challenged the Marathon Oil Co. project along with Gillette rancher Eric Barlow. A formal announcement is expected as early as Tuesday...Losing Ground It would be easy to assume this land, where trails routinely cross 85-degree slopes, is fit only for hikers and rock climbers. In fact, the Cleveland National Forest is a major battleground in the U.S. war on drugs - a battleground increasingly ceded to foreign drug cartels. Paradoxically, government attempts to enhance national security following the Sept. 11 terrorist attacks have fueled this trend. Tightened border security has made it harder for traffickers to move drugs from Mexico across the southwest border, spurring producers to move their operations north of the border and closer to their market. And the Defense Department, in an effort to focus more resources on overseas military operations, has decided to reduce its counternarcotics support to civilian law enforcement agencies. The reduction in Defense's assistance comes despite the fact that it has been critical in limiting domestic drug production in recent years and the suspected connections between the Mexican cartels and Middle Eastern terrorists...Bush administration eyes new fuel standards for large SUVs, pickups The Bush administration is looking at making larger SUVs, such as the Hummer H2, Ford Excursion, and GMC Suburban, and large pickup trucks comply with federal fuel economy standards for the first time. The National Highway Transportation Safety Administration also said yesterday it is seeking comments on whether to change the definitions of cars and light trucks. Most sport utility vehicles are now classified as light trucks, although they are used primarily as passenger vehicles...S.D. won't restrict Wyo. cattle yet South Dakota doesn't have any immediate plans to restrict importation of Wyoming cattle despite the discovery of brucellosis in a western Wyoming herd. Colorado and California have announced restrictions on Wyoming cattle. But South Dakota state veterinarian Dr. Sam Holland said officials here would wait to see if testing shows brucellosis in more than the one herd near Pinedale, Wyo., where it was found early this month. "When there's no more than one affected herd and no spread, and the initial herd is eliminated, we would not put any further restrictions on," Holland said in an interview Monday...US beef lobby threatens free trade agreement The powerful United States beef lobby will attempt to block the proposed free trade deal with Australia, unless US cattlemen get greater access to markets, including Japan and Korea. The National Cattlemen's Beef Association says it will use considerable political support in the US Senate to stop any trade agreement with Australia which gives exporters greater access. President Eric Davis, says not all cattlemen have been able to capitalise on record US beef prices this year, and he doesn't want to see the domestic market flooded with imported beef...Horses, other animals rescued by spray paint Spray painting the family pet might be enough to place junior in an extended time-out under normal circumstances. But horse and livestock owners used spray paint to help identify and protect their animals during the recent fires in Southern California. By spray-painting their phone numbers on the flanks of the horses and other large livestock before evacuating their properties the owners provided a measure of insurance that their pets would be reunited with them after the smoke cleared. And many of them were. Even when homes, barns, corrals, fences, tack rooms, feeder stalls and pasture shelters were swept away by the flames some of the animals escaped on their own and were eventually recovered and returned to their owners...Rancher belongs on his land and thieves belong in jail The organization, which was founded in 1877, began as a way to help deal with the problem of cattle thieves that had arisen in Texas. "So many ranchers were moving around Texas and they were losing their cattle, so that is why the TSCRA was formed," Foreman explained. In 1883, the first field inspected position was created, a position that Foreman holds today. Field inspectors are hired to chase down and arrest cattle thieves. "We work on any type of criminal act against livestock. While we still carry guns and chase down the cattle thieves, our job has become a more modernized." In 1883, field inspectors chased down the thieves with horses and paperwork was done with paper and pencil. Today, Foreman stated, horses have been replaced with trucks and paperwork is now done on a computer. "But it's the same job that it has been since the beginning."...Firm Wins Suit Over Bull Castration Device Montana business did not steal a Kansas man's ideas for a bull castration device, a jury decided. The jury unanimously agreed that St. Ignatius' Wadsworth Manufacturing Inc. did not violate patents obtained by Michael Callicrate of St. Francis, Kan. The jury said, in a Wednesday ruling, that it found that some of Callicrate's patents were not valid...Team England wins snow polo world title in Aspen England dominated the four-team tournament Saturday and Sunday at Wagner Park, beating Aspen 10-4 in the finals to take the crown. Snow polo is a modified version of traditional polo, which is played on turf. Aside from the obvious difference of surface substance, the snow polo field is also dramatically smaller -- roughly the size of Wagner Park. Polo is played on a 10-acre field, about the size of three football fields, with four members per team instead of three on snow. "Traditional polo] is faster paced and a prettier game to watch," said Melissa Potamkin-Ganzi, a member of Team Argentina and the only woman in the tournament. Her husband, Marc, grew up in Aspen and played for Glenwood Springs... A good start It could be not only a good start to the new year, but a great start. I know that I was really uplifted by the recent news that ole Sad'um Insane had been captured. Yep, he was pulled out of a rat hole blabbin' in English who he was in hopes no one would shoot him. He had with him a pistol and $750,000 in American money. All of that was in $100 bills. Ole Sad'um looked a little haggard to me when he was pulled out. Actually, he looked more like Merle Haggard than he did Sad'um Insane. See how things are starting to shape up for the new year? Ole Owl Gore has admitted that he is out of the loop, Madonna has told America that money cannot buy happiness (she can't understand why most of us don't think of her as being normal) and ole Sad'um turned out to be just what a good many of us expected him to be, a whining, sniveling coward that just happens to look like Merle Haggard when he's been hiding in a hole and not shaving for 10 months...As times get better, more of past forgotten Her statement triggered memories of sleeping at Grandma Trew's house in wintertime. My brother and I slept in long handles, socks, stocking caps and often had hot bricks or sad irons at our feet while we were crushed under a pile of homemade quilts and had to hit the floor running to reach the roaring wood stove in the living room to dress. Yes, I do appreciate a warm house and carpet. I can also relate to older men whose conscience bothers them when they sleep past sunup and sit at the breakfast table reading the paper. The lifetime habit of rising early and doing farm chores before daylight left roots extending deep into their subconscious...The Year in Country Music Books If this was a banner year in many ways for country music scholarship, it also underscored the fact that the market for serious country publications is centered in the distant past. Not even the recent past. Not that country music's history is not fascinating. But, that seems to be where audience -- and publisher -- interest is centered. With that in mind, here are several country music books from 2003 that are deserving of special attention...
Monday, December 22, 2003
OPINION/COMMENTARY
Science behind the times?
Everyone who reads Science "the journal of the lobbying organization the American Association for the Advancement of Science (AAAS)" knows it only accepts one side of the global warming story in its "Compass" and "Perspectives" sections, and in its more opinionated, mainline articles. Anyone who writes otherwise for those sections gets a quick rejection. That's understandable because global warming is scheduled to pay U.S. scientists about $4.2 billion next year, and the AAAS is just doing its job keeping the customers happy.
But sometimes they go a little overboard in their one-sided zeal, particularly when they schedule so-called bombshell articles to coincide with the periodic meetings of the signatories to the United Nations' Climate Change treaty, discussing implementation of the (dead?) Kyoto Protocol. The most recent case of this funereal dance just ended in Milan, Italy...
Skeptical Environmentalist Vindicated!
The Danish Ministry of Science, Technology and Innovation today severely repudiated a board which, a year ago, had judged "The Skeptical Environmentalist," the best-selling book by Bjorn Lomborg, "objectively dishonest" and "clearly contrary to the standards of good scientific practice."
Lomborg's book -- with 2,930 footnotes, 1,800 bibliographical references, 173 figures and nine tables -- powerfully challenged the conventional wisdom that the world's environment was going to hell. When it was published in English in 2001, the book, published by the distinguished Cambridge University Press, was praised in The Washington Post, The Economist and elsewhere.
That reception provoked panic among radical greens. In early 2002, The Economist reported that "Mr. Lomborg is being called a liar, a fraud and worse. People are refusing to share a platform with him. He turns up in Oxford to talk about this book, and the author ... of a forthcoming study on climate change throws a pie in his face."...
EPA Seeks to Monitor GM Crops from Space
The Environmental Protection Agency has announced it is considering a project that would allow it to monitor gene-spliced crops from space. Experiments will begin in Spring 2004 to determine whether satellite surveillance can distinguish conventional from gene-spliced corn.
EPA’s proposal has led many to wonder whether there is something particularly sinister or worrisome about gene-spliced crops—in particular, corn that has been engineered for improved resistance to predatory insects. Is it potentially toxic, or more invasive than conventional corn? Does it have a history of stealing lunch money from children as they pass the fields en route to school?
In fact, the gene-spliced corn is wholesome, as well-behaved as any other variety, and has eliminated the need for millions of pounds of chemical pesticides. So why the attempt to monitor it, at tremendous effort and expense? Evidence suggests this is one of those examples of government intervention creating the need for more government intervention to correct a distortion government caused in the first place...
Science behind the times?
Everyone who reads Science "the journal of the lobbying organization the American Association for the Advancement of Science (AAAS)" knows it only accepts one side of the global warming story in its "Compass" and "Perspectives" sections, and in its more opinionated, mainline articles. Anyone who writes otherwise for those sections gets a quick rejection. That's understandable because global warming is scheduled to pay U.S. scientists about $4.2 billion next year, and the AAAS is just doing its job keeping the customers happy.
But sometimes they go a little overboard in their one-sided zeal, particularly when they schedule so-called bombshell articles to coincide with the periodic meetings of the signatories to the United Nations' Climate Change treaty, discussing implementation of the (dead?) Kyoto Protocol. The most recent case of this funereal dance just ended in Milan, Italy...
Skeptical Environmentalist Vindicated!
The Danish Ministry of Science, Technology and Innovation today severely repudiated a board which, a year ago, had judged "The Skeptical Environmentalist," the best-selling book by Bjorn Lomborg, "objectively dishonest" and "clearly contrary to the standards of good scientific practice."
Lomborg's book -- with 2,930 footnotes, 1,800 bibliographical references, 173 figures and nine tables -- powerfully challenged the conventional wisdom that the world's environment was going to hell. When it was published in English in 2001, the book, published by the distinguished Cambridge University Press, was praised in The Washington Post, The Economist and elsewhere.
That reception provoked panic among radical greens. In early 2002, The Economist reported that "Mr. Lomborg is being called a liar, a fraud and worse. People are refusing to share a platform with him. He turns up in Oxford to talk about this book, and the author ... of a forthcoming study on climate change throws a pie in his face."...
EPA Seeks to Monitor GM Crops from Space
The Environmental Protection Agency has announced it is considering a project that would allow it to monitor gene-spliced crops from space. Experiments will begin in Spring 2004 to determine whether satellite surveillance can distinguish conventional from gene-spliced corn.
EPA’s proposal has led many to wonder whether there is something particularly sinister or worrisome about gene-spliced crops—in particular, corn that has been engineered for improved resistance to predatory insects. Is it potentially toxic, or more invasive than conventional corn? Does it have a history of stealing lunch money from children as they pass the fields en route to school?
In fact, the gene-spliced corn is wholesome, as well-behaved as any other variety, and has eliminated the need for millions of pounds of chemical pesticides. So why the attempt to monitor it, at tremendous effort and expense? Evidence suggests this is one of those examples of government intervention creating the need for more government intervention to correct a distortion government caused in the first place...
Sunday, December 21, 2003
NEWS ROUNDUP
Wolves kill calves, are sought in the Big Hole A pack of wolves recently picked the wrong place to settle down for a few days. About two weeks ago, wolves in the newly named Fox Creek Pack moved in on the Dooling Ranch near Jackson and killed four calves outright over three nights. Another calf died later from injuries. Now federal officials have decided the wolf pack will be killed. All they have to do is find the pack...Recreation top income producer in Bighorn forest Tourism dollars generated by the Bighorn National Forest far outweigh earnings from livestock grazing and timber harvesting, according to a University of Wyoming study. However, timbering is the only industry among the three that could produce more income under proposed changes to the forest's management plan, said David "Tex" Taylor, a UW professor of agricultural and applied economics...Editorial: Smart swap Rancher Fred Ruskin doesn't want to open up his high-elevation lands to development. But he says he will unless Congress authorizes a complex and controversial trade in which 35,000 acres of his land would go to the U.S. Forest Service. In return, Ruskin would receive about 27,000 acres of federal holdings on the northern boundary of his ranch and in Williams, Flagstaff, Camp Verde and Clarkdale. We believe the land exchange fosters smart development through water restrictions and enhances the environment by consolidating Forest Service lands. Congress should support it...Wolf advocates voice displeasure with MOU Wolf advocates are claiming the Memorandum of Understanding for the Mexican Wolf Reintroduction Project includes language that helps the U.S. Fish and Wildlife Service "pass the buck." Center for Biological Diversity Wildlife Biologist Michael Robinson said the MOU does not require a Mexican Wolf Recovery Specialist, which is the position that is accountable for all wolf control decisions (such as re-releasing, trapping or killing wolves). He noted that the position under the old agreement has been left unfilled since its last occupant, Brian Kelly, resigned six months ago...Environment of controversy: Endangered Species Act set to turn 30 They're slimy, with beady eyes and pinching claws. They're reclusive, hiding beneath submerged algae-covered rocks. They might scuttle no more than a dozen feet from home in their decadelong lives. So who cares about the obscure Shasta crayfish? Jeff Cook does. And so does the law...Scientists warn that extinction can work its way up food chain It's been called Earth's sixth great extinction. But this time, climate change or a titanic asteroid can't be blamed. It's all on the shoulders of mankind -- considered by some of its own scientists as an "exterminator species." The Endangered Species Act is said to be among the most comprehensive wildlife conservation laws in the world, and it has brought some success. But on a planet-wide perspective, the statistics remain chilling...Column: Protecting Wildlife It's time to abandon the misguided idea that we are helping wildlife by surrounding Durango with wildlife preserves and by restricting recreation activities in the front country that one- or two-mile interface between urban and more isolated backcountry. Deer enjoy a treat at the expense of a Durango homeowner's landscaping. By planting and maintaining lush lawns, fruit trees and gardens, we provide an attractive feast for the wildlife living in the surrounding forests and public lands. Too often, however, those animals' search for food ends in death on our streets and highways. While our intentions are noble, the results are devastating for wildlife. For the past two weeks the pages of this paper have chronicled unacceptable increases in automobile-wildlife accidents. We have seen a disgusting example of an unsuspecting buck being lured into a yard, only to become tragically entangled in Christmas lights...Sedonans seek scenic designation Members of a Sedona group are pushing for a federal scenic designation that they believe will help preserve the red-rock region. Keep Sedona Beautiful is asking the Coconino County Board of Supervisors to support its effort to get the national forest lands of the Red Rock-Sedona area named a National Scenic Area by Congress...Anglers fishing --with restrictions -- for threatened coho Encouraged by relatively bountiful returns of Oregon's coastal coho salmon -- protected under the Endangered Species Act -- wildlife authorities are letting anglers have a go at the threatened fish for the first time in a decade...Fort Irwin expansion delayed again An environmental document needed for the expansion of the National Training Center at Fort Irwin won't be ready until 2004 -- years after military officials originally hoped to expand the post. The latest delay in the release of the lengthy draft environmental impact statement follows a series of delays in 2003 that have been pushing back the 110,000-acre expansion of the post north of Barstow. Key challenges in the environmental document are how to deal with two sensitive species -- one, a small reptile; the other, a small flowering plant. The desert tortoise and the Lane Mountain milkvetch are listed as "threatened" and "endangered," respectively, under the Endangered Species Act...Bush's environmental policies touch off national debate Standing before a group of schoolchildren, President Bush repeated an oft-stated promise that his environmental policies would stand on hard scientific research. "We'll base decisions on sound science," he said in 2001. "We'll call upon the best minds of America to help us achieve an objective, which is: cleaner air, cleaner water and a better use of our land." But the role of science in forging environmental policy has grown into a central controversy of Bush's presidency. Critics say that although Bush vowed to "rely on the best of evidence before deciding," many of his policies dismiss the scientific recommendations of federal agencies...New Snowmobile Rules Roil Yellowstone J. C. Sumner, a retired sheriff's deputy from Jacksonville, Fla., was one of the visitors trying to salvage his trip. Mr. Sumner came here for a snowmobiling vacation with eight family members. They planned months ago to rent snowmobiles and drive on their own to watch Old Faithful erupt. But when they arrived in Bozeman, Mont., on Thursday they found out about the judge's order and had to scurry to hire a guide, who offered more expensive snowmobiles, at an additional cost of $60 per person per day, for two days. "I think it stinks," Mr. Sumner said. "It's bad for business, it's bad for tourists, and it borders on being unethical."...New Grand Canyon train urged Grand Canyon Railway has proposed creating a $186 million high-speed light rail line aimed at easing traffic congestion along the South Rim. The railway currently runs daily tours from Williams to Grand Canyon Village in Arizona. Railway leaders said that under the proposal, high-speed rail service could begin in 2005 from Williams to the canyon and reduce the South Rim's vehicle traffic by 50 percent...Editorial: A snowmobile compromise? We favor a compromise. Limit machines to the cleaner new models. Set some reasonable cap on the number allowed each day. Limit riding to groomed roads, and require guides so nobody goes chasing after the animals or tries to shoot across a boiling pool. But don't completely ban the experience. The legal story is not over. Lawyers will dream up as many arguments as they can, and throw them at judges by the handful in the hope that at least one of them will stick. Opponents will fight it out to the bitter end. That's the way it works. A sensible compromise, returning a measure of peace to Yellowstone in winter, would be too easy...BLM proposes new grazing rule Center for Biological Diversity Ecologist and former BLM employee Daniel Patterson said, "It's a rip off in every single way." He predicted that if the rule is set into law, it will be challenged by many groups. What concerns Patterson the most is the detail that allows a permittee to share a title with the BLM for contributing to rangeland improvements, such as a fencing, water troughs, wells and pipelines. "It's a complete ripoff to the taxpayer," he said. "Not only is the taxpayer being fleeced to pay for wells, then a public lands permittee ends up owning it." Patterson said ranchers are heavily subsidized already, which is why he thinks they do not need the ability to share titles. "It's essentially a welfare system," he said. "It's at great cost to the environment and the taxpayer."...State attorney hopeful for water settlement The litigation is between the Gila Valley Irrigation District and the San Carlos Apache Irrigation and Drainage District, he said, but includes hundreds of parties who fall under both titles. The parties stretch from Kearny to Virden, N.M., he said. Both sides of the litigation have come to more agreeable numbers dictating how much water each party would be allocated, he said. The amounts of water are also compliant with the amounts dictated by Sen. John Kyl's (R-Ariz.) guidelines...Column: Public lands grazing, Poison or protection? We would welcome the opportunity to substantiate our contention that Bill Hedden, of the Grand Canyon Trust, and Grand Staircase-Escalante National Monument managers improperly collaborated in a scheme to permanently eliminate public lands grazing in violation of federal laws and regulations. Hedden did not seek to acquire grazing permits for the legal purpose of grazing livestock. According to records of the transaction, Hedden paid ranchers, under pressure and restrictions from the monument, to "unconditionally relinquish" their grazing permits to the BLM. Prearranged BLM commitments guaranteed that monument managers would "permanently eliminate" grazing from the allotments -- regardless of actual allotment conditions...Editorial: Bush should press for elevating status of EPA As a practical matter, every president since Gerald Ford has invited his administrator of the Environmental Protection Agency into his Cabinet. But the denial of permanent Cabinet rank puts the administrator at a symbolic and psychological disadvantage against the Cabinet secretaries and foreign governments with whom he or she must negotiate. It also signals the Cabinet secretaries and foreign governments that the United States isn't fully committed to solving the world's most serious and pressing environmental problems, such as climate change and mercury pollution... Drought Has West in Chokehold After five years of distressingly low rain and snowfall, a drought is hammering the West harder than ever, causing multibillion-dollar economic losses and prompting unprecedented measures in many states to cope with less water. With the start of winter, little optimism exists that the coming months will fix the problems. Weather forecasts are equivocal. Explosive population growth, environmental lawsuits to divert water for wildlife and below-average precipitation have put a strain on the big federal reservoirs that supply the West but were designed decades ago when the outlook was far different...Railroad to increase shipping rates Domestic rates for wheat and corn will increase $100 per train car and soybeans will increase between $200 and $260 per car next month, he said. Corn will rise by another $100 per car in February, according to Melonas. Bob Way, a Mitchell grain merchant, said he hasn't seen a shipping increase that big in a long time. "We see it fluctuate up and down a little bit, but this is a big one."...Voracious cactus moth crosses Florida on way to Southwest, Mexico Native to South America, the gray-brown moth is a minor pest in the Southeast, dining on ornamentals and a few native species. But it could cause economic and environmental havoc in the American Southwest and in Mexico, which is where it is headed. And infestations discovered across the Florida Panhandle show that it is gaining speed...Sugar Farmers Seeking Allies Against CAFTA Finding Little Help Red River Valley sugar beet growers who are seeking allies in their battle against the Central American Free Trade Agreement aren't getting much help from other farmers. Producers of other commodities have largely pledged their support for CAFTA. "We're in favor of greater market access and these agreements offer that," said Wade Moser, executive vice president of the North Dakota Stockmen's Association. "We have to do what is right for our producers."...Editorial: Trade agreement worth fight But protectionism is bad policy in the long run. The agreement will reduce trade barriers for U.S. companies seeking to increase exports and do business in the Central American nations. And lower American trade barriers are good for consumers. U.S. Sen. John Cornyn, R-Texas, noted that Texas farmers and ranchers expect to gain immediate benefits when the agreement is finally approved...Mad cow scare cuts into rodeo About 10% of the top bucking bulls on the rodeo circuit were absent from this year's national finals in Las Vegas due to the border closure after the mad cow case surfaced. "It's not just the producers and the packers and that run into this problem - it affects us in the rodeo business," said Calgary Exhibition and Stampede rodeo and ranch manager Robin Burwash. "It's not just the one event. We also take a number of bulls down to (Professional Bull Riders) events. Plus, we were also campaigning our top bull Outlaw - he's 63-1, right now - to try and get him to the finals and then maybe get some votes for Bucking Bull of the Year."...The Less - than - Hushed Life of a Horse Whisperer Sshhh. Keep it quiet, but a horse whisperer does not speak in hushed tones to his equine charges. Inform the New Age enthusiasts that there is no mystical connection between a horse whisperer and a horse. There are, however, a lot of common-sense interactions, perhaps the crash of a bull whip on the dirt, and the always reliable bond formed through a few gentle rubs...Mounted Police to Patrol Houston Airport George Bush Intercontinental Airport officials, looking to bolster patrols of their 11,000-acre facility, have decided to hoof it. A volunteer mounted police force called the Airport Rangers will patrol the perimeter of the city's largest airport, the Houston Airport System announced Friday. "Horses can go where vehicles can't go and we can also have the ability of people riding through the woods,'' said airport director Rick Vacar, who came up with the idea...Wyoming to fight Texas group over bucking bronc logo Wyoming's famed bucking horse and rider symbol is being rustled by a Texas group, state officials claim. Wyoming officials expect a court battle with Texas Stampede, an organization that stages concerts and professional rodeos to benefit children at two Dallas hospitals. The organization has been using a bucking horse and rider since its inception in 2001. Its logo is similar to Wyoming's, but the horse faces left instead of right. Both symbols show a cowboy holding his hat overhead aboard a bronc with its back arched and rear hooves lifted...Down syndrome ride reaches Alamo Davy Crockett returned to the Alamo on Sunday, this time to fight public misperceptions rather than Santa Anna's army. Crockett descendant Phil Thomas -- dressed in buckskins and a coonskin hat -- dismounted his horse in front of the Shrine of Texas Liberty so he could wrap his arms around grandson Van Warden, a 14-year-old Austin boy who was born with Down syndrome. Thomas re-enacted Crockett's 1,100-mile trek from Tennessee to Texas in order to raise money and public respect for people with Down syndrome, a genetic disorder that affects 350,000 Americans...Records reveal Miles City survived Depression on 'madam money' Allison has found only one register of prostitutes, covering 1915-1917, but it is full of revealing information. The register first served as a listing of impounded horses, cows and mules, and the fees their owners had to pay to get them back. Then, a little way into the volume, it switches to a monthly register of bordello owners and the women working for them. Many of the infamous madams are there - Jennie Bowman, Frankie Dwyer, Ruby Smith, Frankie Blair, Anna Wade and Belle Wade. If a new girl arrived in town, it was duly noted in the margin where she came from. If she left a particular bordello, it was noted where she had gone. One month, for instance, the register shows prostitutes arriving from Billings, Terry, Glendive, Helena, Livingston, St. Paul, Minn., Portland, Ore., and Spokane, Wash., and departing for Roundup, Wibaux, Billings, Jordan, Glasgow, Butte, St. Paul, Portland and Kansas City. Some of the girls left one bordello to work at another Miles City establishment, and some left to be married. The register also notes which of the people listed at each bordello were not prostitutes but were working as housekeepers or cooks. That was an important distinction, because only the madams and their working girls had to pay a monthly "nonprocess fee."... "Sleigh Bells" Ring for Applegate Mule Team For Jacksonville's "Old-Fashioned Victorian Christmas" weekends, Henderson dressed up her wagon and mules, Gypsy and Duster, giving free wagon rides to children of all ages. Her mule-drawn wagon has over the years become the highlight of Jacksonville's downtown holiday offerings. Real sleigh bells jingled as Henderson drove Gypsy and Duster across California Street and a woman in the back of the wagon led the others in the first round of a Christmas song. That would be "Jingle Bells" of course...Chasing Horses I can't have ridden far through the Christmas hills--maybe three or four miles--when I came over a rise and spotted one of the horses skittering in front of a worn farmhouse. Standing in the yard was a woman, a rope in one hand and her other hand held up empty toward the horse. She was hatless and tiny, hardly bigger than I was, with a man's heavy riding coat hanging down below her knees, and she seemed very old to me. Yellow light streamed out on the cold ground from the one lit window of the house...
Wolves kill calves, are sought in the Big Hole A pack of wolves recently picked the wrong place to settle down for a few days. About two weeks ago, wolves in the newly named Fox Creek Pack moved in on the Dooling Ranch near Jackson and killed four calves outright over three nights. Another calf died later from injuries. Now federal officials have decided the wolf pack will be killed. All they have to do is find the pack...Recreation top income producer in Bighorn forest Tourism dollars generated by the Bighorn National Forest far outweigh earnings from livestock grazing and timber harvesting, according to a University of Wyoming study. However, timbering is the only industry among the three that could produce more income under proposed changes to the forest's management plan, said David "Tex" Taylor, a UW professor of agricultural and applied economics...Editorial: Smart swap Rancher Fred Ruskin doesn't want to open up his high-elevation lands to development. But he says he will unless Congress authorizes a complex and controversial trade in which 35,000 acres of his land would go to the U.S. Forest Service. In return, Ruskin would receive about 27,000 acres of federal holdings on the northern boundary of his ranch and in Williams, Flagstaff, Camp Verde and Clarkdale. We believe the land exchange fosters smart development through water restrictions and enhances the environment by consolidating Forest Service lands. Congress should support it...Wolf advocates voice displeasure with MOU Wolf advocates are claiming the Memorandum of Understanding for the Mexican Wolf Reintroduction Project includes language that helps the U.S. Fish and Wildlife Service "pass the buck." Center for Biological Diversity Wildlife Biologist Michael Robinson said the MOU does not require a Mexican Wolf Recovery Specialist, which is the position that is accountable for all wolf control decisions (such as re-releasing, trapping or killing wolves). He noted that the position under the old agreement has been left unfilled since its last occupant, Brian Kelly, resigned six months ago...Environment of controversy: Endangered Species Act set to turn 30 They're slimy, with beady eyes and pinching claws. They're reclusive, hiding beneath submerged algae-covered rocks. They might scuttle no more than a dozen feet from home in their decadelong lives. So who cares about the obscure Shasta crayfish? Jeff Cook does. And so does the law...Scientists warn that extinction can work its way up food chain It's been called Earth's sixth great extinction. But this time, climate change or a titanic asteroid can't be blamed. It's all on the shoulders of mankind -- considered by some of its own scientists as an "exterminator species." The Endangered Species Act is said to be among the most comprehensive wildlife conservation laws in the world, and it has brought some success. But on a planet-wide perspective, the statistics remain chilling...Column: Protecting Wildlife It's time to abandon the misguided idea that we are helping wildlife by surrounding Durango with wildlife preserves and by restricting recreation activities in the front country that one- or two-mile interface between urban and more isolated backcountry. Deer enjoy a treat at the expense of a Durango homeowner's landscaping. By planting and maintaining lush lawns, fruit trees and gardens, we provide an attractive feast for the wildlife living in the surrounding forests and public lands. Too often, however, those animals' search for food ends in death on our streets and highways. While our intentions are noble, the results are devastating for wildlife. For the past two weeks the pages of this paper have chronicled unacceptable increases in automobile-wildlife accidents. We have seen a disgusting example of an unsuspecting buck being lured into a yard, only to become tragically entangled in Christmas lights...Sedonans seek scenic designation Members of a Sedona group are pushing for a federal scenic designation that they believe will help preserve the red-rock region. Keep Sedona Beautiful is asking the Coconino County Board of Supervisors to support its effort to get the national forest lands of the Red Rock-Sedona area named a National Scenic Area by Congress...Anglers fishing --with restrictions -- for threatened coho Encouraged by relatively bountiful returns of Oregon's coastal coho salmon -- protected under the Endangered Species Act -- wildlife authorities are letting anglers have a go at the threatened fish for the first time in a decade...Fort Irwin expansion delayed again An environmental document needed for the expansion of the National Training Center at Fort Irwin won't be ready until 2004 -- years after military officials originally hoped to expand the post. The latest delay in the release of the lengthy draft environmental impact statement follows a series of delays in 2003 that have been pushing back the 110,000-acre expansion of the post north of Barstow. Key challenges in the environmental document are how to deal with two sensitive species -- one, a small reptile; the other, a small flowering plant. The desert tortoise and the Lane Mountain milkvetch are listed as "threatened" and "endangered," respectively, under the Endangered Species Act...Bush's environmental policies touch off national debate Standing before a group of schoolchildren, President Bush repeated an oft-stated promise that his environmental policies would stand on hard scientific research. "We'll base decisions on sound science," he said in 2001. "We'll call upon the best minds of America to help us achieve an objective, which is: cleaner air, cleaner water and a better use of our land." But the role of science in forging environmental policy has grown into a central controversy of Bush's presidency. Critics say that although Bush vowed to "rely on the best of evidence before deciding," many of his policies dismiss the scientific recommendations of federal agencies...New Snowmobile Rules Roil Yellowstone J. C. Sumner, a retired sheriff's deputy from Jacksonville, Fla., was one of the visitors trying to salvage his trip. Mr. Sumner came here for a snowmobiling vacation with eight family members. They planned months ago to rent snowmobiles and drive on their own to watch Old Faithful erupt. But when they arrived in Bozeman, Mont., on Thursday they found out about the judge's order and had to scurry to hire a guide, who offered more expensive snowmobiles, at an additional cost of $60 per person per day, for two days. "I think it stinks," Mr. Sumner said. "It's bad for business, it's bad for tourists, and it borders on being unethical."...New Grand Canyon train urged Grand Canyon Railway has proposed creating a $186 million high-speed light rail line aimed at easing traffic congestion along the South Rim. The railway currently runs daily tours from Williams to Grand Canyon Village in Arizona. Railway leaders said that under the proposal, high-speed rail service could begin in 2005 from Williams to the canyon and reduce the South Rim's vehicle traffic by 50 percent...Editorial: A snowmobile compromise? We favor a compromise. Limit machines to the cleaner new models. Set some reasonable cap on the number allowed each day. Limit riding to groomed roads, and require guides so nobody goes chasing after the animals or tries to shoot across a boiling pool. But don't completely ban the experience. The legal story is not over. Lawyers will dream up as many arguments as they can, and throw them at judges by the handful in the hope that at least one of them will stick. Opponents will fight it out to the bitter end. That's the way it works. A sensible compromise, returning a measure of peace to Yellowstone in winter, would be too easy...BLM proposes new grazing rule Center for Biological Diversity Ecologist and former BLM employee Daniel Patterson said, "It's a rip off in every single way." He predicted that if the rule is set into law, it will be challenged by many groups. What concerns Patterson the most is the detail that allows a permittee to share a title with the BLM for contributing to rangeland improvements, such as a fencing, water troughs, wells and pipelines. "It's a complete ripoff to the taxpayer," he said. "Not only is the taxpayer being fleeced to pay for wells, then a public lands permittee ends up owning it." Patterson said ranchers are heavily subsidized already, which is why he thinks they do not need the ability to share titles. "It's essentially a welfare system," he said. "It's at great cost to the environment and the taxpayer."...State attorney hopeful for water settlement The litigation is between the Gila Valley Irrigation District and the San Carlos Apache Irrigation and Drainage District, he said, but includes hundreds of parties who fall under both titles. The parties stretch from Kearny to Virden, N.M., he said. Both sides of the litigation have come to more agreeable numbers dictating how much water each party would be allocated, he said. The amounts of water are also compliant with the amounts dictated by Sen. John Kyl's (R-Ariz.) guidelines...Column: Public lands grazing, Poison or protection? We would welcome the opportunity to substantiate our contention that Bill Hedden, of the Grand Canyon Trust, and Grand Staircase-Escalante National Monument managers improperly collaborated in a scheme to permanently eliminate public lands grazing in violation of federal laws and regulations. Hedden did not seek to acquire grazing permits for the legal purpose of grazing livestock. According to records of the transaction, Hedden paid ranchers, under pressure and restrictions from the monument, to "unconditionally relinquish" their grazing permits to the BLM. Prearranged BLM commitments guaranteed that monument managers would "permanently eliminate" grazing from the allotments -- regardless of actual allotment conditions...Editorial: Bush should press for elevating status of EPA As a practical matter, every president since Gerald Ford has invited his administrator of the Environmental Protection Agency into his Cabinet. But the denial of permanent Cabinet rank puts the administrator at a symbolic and psychological disadvantage against the Cabinet secretaries and foreign governments with whom he or she must negotiate. It also signals the Cabinet secretaries and foreign governments that the United States isn't fully committed to solving the world's most serious and pressing environmental problems, such as climate change and mercury pollution... Drought Has West in Chokehold After five years of distressingly low rain and snowfall, a drought is hammering the West harder than ever, causing multibillion-dollar economic losses and prompting unprecedented measures in many states to cope with less water. With the start of winter, little optimism exists that the coming months will fix the problems. Weather forecasts are equivocal. Explosive population growth, environmental lawsuits to divert water for wildlife and below-average precipitation have put a strain on the big federal reservoirs that supply the West but were designed decades ago when the outlook was far different...Railroad to increase shipping rates Domestic rates for wheat and corn will increase $100 per train car and soybeans will increase between $200 and $260 per car next month, he said. Corn will rise by another $100 per car in February, according to Melonas. Bob Way, a Mitchell grain merchant, said he hasn't seen a shipping increase that big in a long time. "We see it fluctuate up and down a little bit, but this is a big one."...Voracious cactus moth crosses Florida on way to Southwest, Mexico Native to South America, the gray-brown moth is a minor pest in the Southeast, dining on ornamentals and a few native species. But it could cause economic and environmental havoc in the American Southwest and in Mexico, which is where it is headed. And infestations discovered across the Florida Panhandle show that it is gaining speed...Sugar Farmers Seeking Allies Against CAFTA Finding Little Help Red River Valley sugar beet growers who are seeking allies in their battle against the Central American Free Trade Agreement aren't getting much help from other farmers. Producers of other commodities have largely pledged their support for CAFTA. "We're in favor of greater market access and these agreements offer that," said Wade Moser, executive vice president of the North Dakota Stockmen's Association. "We have to do what is right for our producers."...Editorial: Trade agreement worth fight But protectionism is bad policy in the long run. The agreement will reduce trade barriers for U.S. companies seeking to increase exports and do business in the Central American nations. And lower American trade barriers are good for consumers. U.S. Sen. John Cornyn, R-Texas, noted that Texas farmers and ranchers expect to gain immediate benefits when the agreement is finally approved...Mad cow scare cuts into rodeo About 10% of the top bucking bulls on the rodeo circuit were absent from this year's national finals in Las Vegas due to the border closure after the mad cow case surfaced. "It's not just the producers and the packers and that run into this problem - it affects us in the rodeo business," said Calgary Exhibition and Stampede rodeo and ranch manager Robin Burwash. "It's not just the one event. We also take a number of bulls down to (Professional Bull Riders) events. Plus, we were also campaigning our top bull Outlaw - he's 63-1, right now - to try and get him to the finals and then maybe get some votes for Bucking Bull of the Year."...The Less - than - Hushed Life of a Horse Whisperer Sshhh. Keep it quiet, but a horse whisperer does not speak in hushed tones to his equine charges. Inform the New Age enthusiasts that there is no mystical connection between a horse whisperer and a horse. There are, however, a lot of common-sense interactions, perhaps the crash of a bull whip on the dirt, and the always reliable bond formed through a few gentle rubs...Mounted Police to Patrol Houston Airport George Bush Intercontinental Airport officials, looking to bolster patrols of their 11,000-acre facility, have decided to hoof it. A volunteer mounted police force called the Airport Rangers will patrol the perimeter of the city's largest airport, the Houston Airport System announced Friday. "Horses can go where vehicles can't go and we can also have the ability of people riding through the woods,'' said airport director Rick Vacar, who came up with the idea...Wyoming to fight Texas group over bucking bronc logo Wyoming's famed bucking horse and rider symbol is being rustled by a Texas group, state officials claim. Wyoming officials expect a court battle with Texas Stampede, an organization that stages concerts and professional rodeos to benefit children at two Dallas hospitals. The organization has been using a bucking horse and rider since its inception in 2001. Its logo is similar to Wyoming's, but the horse faces left instead of right. Both symbols show a cowboy holding his hat overhead aboard a bronc with its back arched and rear hooves lifted...Down syndrome ride reaches Alamo Davy Crockett returned to the Alamo on Sunday, this time to fight public misperceptions rather than Santa Anna's army. Crockett descendant Phil Thomas -- dressed in buckskins and a coonskin hat -- dismounted his horse in front of the Shrine of Texas Liberty so he could wrap his arms around grandson Van Warden, a 14-year-old Austin boy who was born with Down syndrome. Thomas re-enacted Crockett's 1,100-mile trek from Tennessee to Texas in order to raise money and public respect for people with Down syndrome, a genetic disorder that affects 350,000 Americans...Records reveal Miles City survived Depression on 'madam money' Allison has found only one register of prostitutes, covering 1915-1917, but it is full of revealing information. The register first served as a listing of impounded horses, cows and mules, and the fees their owners had to pay to get them back. Then, a little way into the volume, it switches to a monthly register of bordello owners and the women working for them. Many of the infamous madams are there - Jennie Bowman, Frankie Dwyer, Ruby Smith, Frankie Blair, Anna Wade and Belle Wade. If a new girl arrived in town, it was duly noted in the margin where she came from. If she left a particular bordello, it was noted where she had gone. One month, for instance, the register shows prostitutes arriving from Billings, Terry, Glendive, Helena, Livingston, St. Paul, Minn., Portland, Ore., and Spokane, Wash., and departing for Roundup, Wibaux, Billings, Jordan, Glasgow, Butte, St. Paul, Portland and Kansas City. Some of the girls left one bordello to work at another Miles City establishment, and some left to be married. The register also notes which of the people listed at each bordello were not prostitutes but were working as housekeepers or cooks. That was an important distinction, because only the madams and their working girls had to pay a monthly "nonprocess fee."... "Sleigh Bells" Ring for Applegate Mule Team For Jacksonville's "Old-Fashioned Victorian Christmas" weekends, Henderson dressed up her wagon and mules, Gypsy and Duster, giving free wagon rides to children of all ages. Her mule-drawn wagon has over the years become the highlight of Jacksonville's downtown holiday offerings. Real sleigh bells jingled as Henderson drove Gypsy and Duster across California Street and a woman in the back of the wagon led the others in the first round of a Christmas song. That would be "Jingle Bells" of course...Chasing Horses I can't have ridden far through the Christmas hills--maybe three or four miles--when I came over a rise and spotted one of the horses skittering in front of a worn farmhouse. Standing in the yard was a woman, a rope in one hand and her other hand held up empty toward the horse. She was hatless and tiny, hardly bigger than I was, with a man's heavy riding coat hanging down below her knees, and she seemed very old to me. Yellow light streamed out on the cold ground from the one lit window of the house...
Saturday, December 20, 2003
NEWS ROUNDUP
Habitat protection plan suddenly in question After battling for years over how to balance demand for new houses against needs of endangered species, builders and environmental groups are in danger of losing a proven tool for resolving conflicts: the habitat conservation plan. A federal judge in Washington, D.C., has thrown out a key rule that provided powerful incentive for warring parties to come to the table and craft deals. That's key for San Diego County, which has more endangered species than any other county in the nation, in large part because of its diverse ocean-to-desert wildlife zones and enormous development pressures...Condors rebuff effort to release them to wild Four endangered California condors were set to be released into the wild Friday at Pinnacles National Monument, 30 miles south of Hollister, but weren't quite sure if freedom was their thing. By noon, more than 300 people with binoculars stared at a ridgetop pen overlooking rural San Benito County where the majestic birds were held. The door opened -- the culmination of two years of planning, a new milestone in the painstaking effort to bring back one of North America's most high-profile endangered species from the precipice of extinction. But the birds did not fly away. They sat. And sat. They hopped around a bit...Pilgrim family member fined $1,000 for horseback trip A federal magistrate has fined a member of the Pilgrim family $1,000 for taking an undercover ranger on a paid horseback trip in Wrangell-St. Elias National Park without a permit. Joshua Hale, whose family is embroiled in a dispute with the government over park access, had asked magistrate Harry Branson to fine him only the $200 charged for the horseback excursion. Branson, who handed down the fine Friday, convicted Hale on Monday of conducting business in the park in August without a permit. Hale said he made "innocent mistakes" when he took the ranger to the Bonanza Mine above Kennicott without the permit required to operate a business in a national park. But Branson said he believes the 23-year-old Hale is an intelligent, resourceful young man who would be able to pay the $1,000. He gave Hale a year and a day to pay the fine...Land-Trust Boom A Boon for Habitat The use of easements to protect open space has a long history. The U.S. Fish and Wildlife Service bought easements in Minnesota and the Dakotas in the 1930s to preserve bird habitat. The National Park Service bought easements to preserve vistas along the Blue Ridge Parkway. But conservation easements came to prominence only after 1976, when Congress approved tax deductions for land and easements given to environmental charities for conservation purposes. Since then, easements have been widely heralded for helping safeguard the environment, protecting wildlife and making many regions more attractive places in which to live and play...Editorial: Quieting the roar in Yellowstone With postcard views of bison, elk, swans and steaming geysers around every corner, riding a snowmobile into Yellowstone National Park is an unforgettable experience. It is also a noisy and damaging intrusion on Yellowstone's land, air and wildlife. Last week a federal judge overturned the Bush administration's plan to expand snowmobile use of Yellowstone, and reinstated a phase-out of the machines ordered by former President Clinton. The judge was right to nix the Bush plan, which allowed 1,000 snowmobiles a day to buzz past wildlife in Yellowstone. Yet a complete ban on the machines seems unnecessary...Editorial: A culture of judges A decision this week by U.S. District Judge Emmet Sullivan junking the Bush administration's plan to permit snowmobiling in Yellowstone and Grand Teton parks is a good example why the nation should return to a culture of legislative politics. The compromise the National Park Service worked out, reversing a Clinton-era ban, was reasonable and should have been implemented. It certainly didn't ignore the valid concerns of critics, namely the noise and pollution, since it capped the number of daily visits and required snowmobiles to have quieter, less-polluting four-stroke engines. The machines were required to stick to roads at low speed limits. The environmental groups of course fought the plan tooth and nail in the courts because these days, in our broken system, judges can almost always be counted upon to usurp the policy-making functions of representative government. Unfortunately, when that happens, citizens lose their status as voters, or electors, and become mere courtroom spectators. Nevada might sue over lack of wild horse roundups The state might sue unless the federal government removes thousands of more wild horses from public lands in Nevada, a state legislator warned. State Sen. Dean Rhoads, chairman of the Legislative Committee on Public Lands, said a lack of federal funding is threatening planned roundups of the animals. "There's far too many horses on the range,"said Rhoads, R-Tuscarora, a rancher."With damage from fires and the continuing drought, there isn't enough forage. Wildlife and livestock are being negatively impacted."...Task force to identify wild lands Utah Gov. Olene Walker appointed 16 people Friday to a task force created to identify wild lands in Utah that deserve protection, a step toward developing the state's outdoor recreation industry and keeping Outdoor Retailer conventions in Salt Lake City. The task force will be made up of five people from state government, five from county governments and six representatives of the outdoor recreation industry. It had been created by former Gov. Mike Leavitt, who left Utah to head the Environmental Protection Agency before its members were named...Location of wolf pack stumps wildlife managers A wolf pack that frequents the North Fork of the Sun River drainage is expanding its home range in the Bob Marshall Wilderness. Wildlife managers believe the pack has about eight wolves. Last December, it was believed the pack had grown to 14, said Ed Bangs, the U.S. Fish and Wildlife Service's wolf recovery coordinator. Some wolves traveling with the pack, however, apparently have left...Battle brewing over rivers Grand County wants the U.S. Bureau of Land Management to leave its waterways alone. The BLM has identified 44 river segments -- creeks, washes, and other tributaries totaling about 387 miles in the southeast Utah county -- that it says could meet eligibility requirements for federal protection under the 1968 Wild and Scenic Rivers Act. The BLM asked the Grand County Council to submit comments. This week, the agency got its answer...Environmentalists fear rule's shift of water cleanup control A rule that some environmental groups say would gut the Clean Water Act is under review at the Environmental Protection Agency, but fear is growing among clean water activists that the Bush administration will launch it soon, perhaps over the holidays. A leaked draft copy of the 200-page Watershed Rule has Young and others worried because it shifts much of the control over the cleanup of polluted waters from EPA to the states. And it's an issue, they say, in which many states have weak if not poor track records. Though the EPA wouldn't comment on the specifics of the proposed Watershed Rule, officials there said Friday that it is still undergoing internal agency review and discussion...Wood stoves that pollute are banned in Truckee Truckee will be free of air-polluting wood stoves and fireplace inserts by July 15, 2006, if enforcement of an ordinance adopted by the town council goes according to plan. The new law gives town staff maximum time to educate the public on the policy - a key to enacting it smoothly - and work out the details of enforcement, which would likely include inspections or registration. Homeowners who do not remove noncomplying stoves and fireplaces (devices without Environmental Protection Agency certification or town approval) by the deadline would face a first-offense fine of up to $1,000. Town Planner Duane Hall projected that it would cost a household $300 to remove a stove and from $1,500 to $3,000 to replace it with an approved appliance...Animas-La Plata costs explained at meeting Top Bureau of Reclamation officials took messages of old errors and new beginnings regarding the Animas-La Plata Project to skeptical audiences Friday in Durango and Aztec. "We don't feel good about this," said Bill Rinne, deputy to Bureau Commissioner John Keys in Washington. "There's no way to sugarcoat it." The mission of the Rinne-led team was to explain to the public the contents of a report already shared with project partners three American Indian tribes and three water districts...Scramble for energy pits drillers, ranchers Up to 3,000 new oil and natural-gas wells will sprout from the Powder River Basin each year as the Bush administration's push for increased energy production sweeps across the sparse stretch of rangeland. That push will also bring 29,000 miles of new roads, more than 20,000 miles of pipeline and 30,000 miles of utility lines to a 12,500- square-mile area straddling the Wyoming-Montana border. For the most part, it's hard- worked ranchland, homesteaded generations ago by hardy pioneers. But some ranchers and others with ties to the land now worry the basin is booming at the expense of their property rights. They say drillers are running roughshod over their land, draining water wells and flooding farm fields with water so salty it makes soil harden like concrete...Unlikely Allies Resist Drilling Plan The boom, however, is running into criticism from an unlikely alliance of hunters, ranchers, environmentalists and others who say energy companies are running amok, building roads and drilling wells without permission. Fights are breaking out over mineral rights involving ranchers who until now had been more familiar with cattle prices and winter wheat. Some have gone to court to keep the energy companies off their land. Some of those who live in the West's far-flung reaches believe that public land should be available for energy development. But they are calling for the government to put on the brakes, worried that the new boom is threatening both the environment and the outdoors-based economy that has replaced the oil-and-gas days of the 1970s and '80s...Government buys more bison meat as Indian tribes turn to it for protein Bison sustained American Indians on the Great Plains for centuries, but members of Nebraska's Winnebago tribe needed some nudging before they were ready to eat government-supplied ground and stew meat from the huge mammals. The supplements came through an Agriculture Department program that has sent bison meat to tribes over the past three years. LaRose and others say the meat offers Indians a choice protein source that also has ties to their cultural history. But just as important for ranchers, government contracts for bison meat totaling $25 million since 1998 have kept the industry afloat. About one-third of the government's bison purchases were specifically for reservations. The other two-thirds were aimed at stabilizing prices. Congress is poised to set aside an additional $4 million in bison meat contracts for tribes in 2004 as part of spending bill the Senate is expected to send to President Bush in January...Apaches praise 'Missing' for accuracy, language Tommy Lee Jones speaking Apache? Word swept through the Mescalero reservation like an early winter wind. Not only Jones but most characters in the Ron Howard film The Missing speak the Chiricahua dialect of Apache, and most adult Apaches in the audiences have said they could understand every word...West Texas couple is sweet on herd of Oreo cattle Visit Don and Jan Clower and you'll encounter a rare breed. Not the Clowers. They're down-to-earth West Texas folks. But their herd of cattle is, as they say, "a conversation piece." The Clowers keep a herd of about 50 head of Belted Galloways on their 80-acre place about 4 1/2 miles northwest of Anson. The belt is a hair strip that loops all the way around an otherwise black animal's midsection. The dominant color of the Clowers' animals is black, prompting the nickname "Oreo cattle" because they are black on the ends and white in the middle...On The Edge Of Common Sense: Tell the boss you'd like to try out for the team I worked for a man several years ago whose education came from experience. He harbored a suspicion of new college graduates who overestimated their own value. He received many resumes from new graduates seeking employment at our large livestock operation. He would invariably bring the resumes in, deposit them on my desk and say, "This is another one of those guys who wants a position. Tell him all we've got are jobs!"...Kaenu Reeves Home Raided For Animal Endangerment Early Tuesday morning the Los Angeles County sheriffs department raided actor Kaenu Reeves' Hollywood estate. The raid took place after an anonymous tip made the week before. Kaenu was taken out in hand cuffs and animal control officers carted off dozens of boxes. Deputy Alex Rodriquez was one of the officers who took part in the raid, "It was terrible, and there were animal carcasses everywhere. I've been on drug busts with less death."...
Habitat protection plan suddenly in question After battling for years over how to balance demand for new houses against needs of endangered species, builders and environmental groups are in danger of losing a proven tool for resolving conflicts: the habitat conservation plan. A federal judge in Washington, D.C., has thrown out a key rule that provided powerful incentive for warring parties to come to the table and craft deals. That's key for San Diego County, which has more endangered species than any other county in the nation, in large part because of its diverse ocean-to-desert wildlife zones and enormous development pressures...Condors rebuff effort to release them to wild Four endangered California condors were set to be released into the wild Friday at Pinnacles National Monument, 30 miles south of Hollister, but weren't quite sure if freedom was their thing. By noon, more than 300 people with binoculars stared at a ridgetop pen overlooking rural San Benito County where the majestic birds were held. The door opened -- the culmination of two years of planning, a new milestone in the painstaking effort to bring back one of North America's most high-profile endangered species from the precipice of extinction. But the birds did not fly away. They sat. And sat. They hopped around a bit...Pilgrim family member fined $1,000 for horseback trip A federal magistrate has fined a member of the Pilgrim family $1,000 for taking an undercover ranger on a paid horseback trip in Wrangell-St. Elias National Park without a permit. Joshua Hale, whose family is embroiled in a dispute with the government over park access, had asked magistrate Harry Branson to fine him only the $200 charged for the horseback excursion. Branson, who handed down the fine Friday, convicted Hale on Monday of conducting business in the park in August without a permit. Hale said he made "innocent mistakes" when he took the ranger to the Bonanza Mine above Kennicott without the permit required to operate a business in a national park. But Branson said he believes the 23-year-old Hale is an intelligent, resourceful young man who would be able to pay the $1,000. He gave Hale a year and a day to pay the fine...Land-Trust Boom A Boon for Habitat The use of easements to protect open space has a long history. The U.S. Fish and Wildlife Service bought easements in Minnesota and the Dakotas in the 1930s to preserve bird habitat. The National Park Service bought easements to preserve vistas along the Blue Ridge Parkway. But conservation easements came to prominence only after 1976, when Congress approved tax deductions for land and easements given to environmental charities for conservation purposes. Since then, easements have been widely heralded for helping safeguard the environment, protecting wildlife and making many regions more attractive places in which to live and play...Editorial: Quieting the roar in Yellowstone With postcard views of bison, elk, swans and steaming geysers around every corner, riding a snowmobile into Yellowstone National Park is an unforgettable experience. It is also a noisy and damaging intrusion on Yellowstone's land, air and wildlife. Last week a federal judge overturned the Bush administration's plan to expand snowmobile use of Yellowstone, and reinstated a phase-out of the machines ordered by former President Clinton. The judge was right to nix the Bush plan, which allowed 1,000 snowmobiles a day to buzz past wildlife in Yellowstone. Yet a complete ban on the machines seems unnecessary...Editorial: A culture of judges A decision this week by U.S. District Judge Emmet Sullivan junking the Bush administration's plan to permit snowmobiling in Yellowstone and Grand Teton parks is a good example why the nation should return to a culture of legislative politics. The compromise the National Park Service worked out, reversing a Clinton-era ban, was reasonable and should have been implemented. It certainly didn't ignore the valid concerns of critics, namely the noise and pollution, since it capped the number of daily visits and required snowmobiles to have quieter, less-polluting four-stroke engines. The machines were required to stick to roads at low speed limits. The environmental groups of course fought the plan tooth and nail in the courts because these days, in our broken system, judges can almost always be counted upon to usurp the policy-making functions of representative government. Unfortunately, when that happens, citizens lose their status as voters, or electors, and become mere courtroom spectators. Nevada might sue over lack of wild horse roundups The state might sue unless the federal government removes thousands of more wild horses from public lands in Nevada, a state legislator warned. State Sen. Dean Rhoads, chairman of the Legislative Committee on Public Lands, said a lack of federal funding is threatening planned roundups of the animals. "There's far too many horses on the range,"said Rhoads, R-Tuscarora, a rancher."With damage from fires and the continuing drought, there isn't enough forage. Wildlife and livestock are being negatively impacted."...Task force to identify wild lands Utah Gov. Olene Walker appointed 16 people Friday to a task force created to identify wild lands in Utah that deserve protection, a step toward developing the state's outdoor recreation industry and keeping Outdoor Retailer conventions in Salt Lake City. The task force will be made up of five people from state government, five from county governments and six representatives of the outdoor recreation industry. It had been created by former Gov. Mike Leavitt, who left Utah to head the Environmental Protection Agency before its members were named...Location of wolf pack stumps wildlife managers A wolf pack that frequents the North Fork of the Sun River drainage is expanding its home range in the Bob Marshall Wilderness. Wildlife managers believe the pack has about eight wolves. Last December, it was believed the pack had grown to 14, said Ed Bangs, the U.S. Fish and Wildlife Service's wolf recovery coordinator. Some wolves traveling with the pack, however, apparently have left...Battle brewing over rivers Grand County wants the U.S. Bureau of Land Management to leave its waterways alone. The BLM has identified 44 river segments -- creeks, washes, and other tributaries totaling about 387 miles in the southeast Utah county -- that it says could meet eligibility requirements for federal protection under the 1968 Wild and Scenic Rivers Act. The BLM asked the Grand County Council to submit comments. This week, the agency got its answer...Environmentalists fear rule's shift of water cleanup control A rule that some environmental groups say would gut the Clean Water Act is under review at the Environmental Protection Agency, but fear is growing among clean water activists that the Bush administration will launch it soon, perhaps over the holidays. A leaked draft copy of the 200-page Watershed Rule has Young and others worried because it shifts much of the control over the cleanup of polluted waters from EPA to the states. And it's an issue, they say, in which many states have weak if not poor track records. Though the EPA wouldn't comment on the specifics of the proposed Watershed Rule, officials there said Friday that it is still undergoing internal agency review and discussion...Wood stoves that pollute are banned in Truckee Truckee will be free of air-polluting wood stoves and fireplace inserts by July 15, 2006, if enforcement of an ordinance adopted by the town council goes according to plan. The new law gives town staff maximum time to educate the public on the policy - a key to enacting it smoothly - and work out the details of enforcement, which would likely include inspections or registration. Homeowners who do not remove noncomplying stoves and fireplaces (devices without Environmental Protection Agency certification or town approval) by the deadline would face a first-offense fine of up to $1,000. Town Planner Duane Hall projected that it would cost a household $300 to remove a stove and from $1,500 to $3,000 to replace it with an approved appliance...Animas-La Plata costs explained at meeting Top Bureau of Reclamation officials took messages of old errors and new beginnings regarding the Animas-La Plata Project to skeptical audiences Friday in Durango and Aztec. "We don't feel good about this," said Bill Rinne, deputy to Bureau Commissioner John Keys in Washington. "There's no way to sugarcoat it." The mission of the Rinne-led team was to explain to the public the contents of a report already shared with project partners three American Indian tribes and three water districts...Scramble for energy pits drillers, ranchers Up to 3,000 new oil and natural-gas wells will sprout from the Powder River Basin each year as the Bush administration's push for increased energy production sweeps across the sparse stretch of rangeland. That push will also bring 29,000 miles of new roads, more than 20,000 miles of pipeline and 30,000 miles of utility lines to a 12,500- square-mile area straddling the Wyoming-Montana border. For the most part, it's hard- worked ranchland, homesteaded generations ago by hardy pioneers. But some ranchers and others with ties to the land now worry the basin is booming at the expense of their property rights. They say drillers are running roughshod over their land, draining water wells and flooding farm fields with water so salty it makes soil harden like concrete...Unlikely Allies Resist Drilling Plan The boom, however, is running into criticism from an unlikely alliance of hunters, ranchers, environmentalists and others who say energy companies are running amok, building roads and drilling wells without permission. Fights are breaking out over mineral rights involving ranchers who until now had been more familiar with cattle prices and winter wheat. Some have gone to court to keep the energy companies off their land. Some of those who live in the West's far-flung reaches believe that public land should be available for energy development. But they are calling for the government to put on the brakes, worried that the new boom is threatening both the environment and the outdoors-based economy that has replaced the oil-and-gas days of the 1970s and '80s...Government buys more bison meat as Indian tribes turn to it for protein Bison sustained American Indians on the Great Plains for centuries, but members of Nebraska's Winnebago tribe needed some nudging before they were ready to eat government-supplied ground and stew meat from the huge mammals. The supplements came through an Agriculture Department program that has sent bison meat to tribes over the past three years. LaRose and others say the meat offers Indians a choice protein source that also has ties to their cultural history. But just as important for ranchers, government contracts for bison meat totaling $25 million since 1998 have kept the industry afloat. About one-third of the government's bison purchases were specifically for reservations. The other two-thirds were aimed at stabilizing prices. Congress is poised to set aside an additional $4 million in bison meat contracts for tribes in 2004 as part of spending bill the Senate is expected to send to President Bush in January...Apaches praise 'Missing' for accuracy, language Tommy Lee Jones speaking Apache? Word swept through the Mescalero reservation like an early winter wind. Not only Jones but most characters in the Ron Howard film The Missing speak the Chiricahua dialect of Apache, and most adult Apaches in the audiences have said they could understand every word...West Texas couple is sweet on herd of Oreo cattle Visit Don and Jan Clower and you'll encounter a rare breed. Not the Clowers. They're down-to-earth West Texas folks. But their herd of cattle is, as they say, "a conversation piece." The Clowers keep a herd of about 50 head of Belted Galloways on their 80-acre place about 4 1/2 miles northwest of Anson. The belt is a hair strip that loops all the way around an otherwise black animal's midsection. The dominant color of the Clowers' animals is black, prompting the nickname "Oreo cattle" because they are black on the ends and white in the middle...On The Edge Of Common Sense: Tell the boss you'd like to try out for the team I worked for a man several years ago whose education came from experience. He harbored a suspicion of new college graduates who overestimated their own value. He received many resumes from new graduates seeking employment at our large livestock operation. He would invariably bring the resumes in, deposit them on my desk and say, "This is another one of those guys who wants a position. Tell him all we've got are jobs!"...Kaenu Reeves Home Raided For Animal Endangerment Early Tuesday morning the Los Angeles County sheriffs department raided actor Kaenu Reeves' Hollywood estate. The raid took place after an anonymous tip made the week before. Kaenu was taken out in hand cuffs and animal control officers carted off dozens of boxes. Deputy Alex Rodriquez was one of the officers who took part in the raid, "It was terrible, and there were animal carcasses everywhere. I've been on drug busts with less death."...
JIM BEERS
Working Together
And two hunting groups can't get along. So they quibble about nits while the environmentalists and animal rights folks sharpen the politicians, bureaucrats, and University professors to eliminate all hunting like the British parliament attempted recently. Double barrel shotguns and pointers will become academic matters to our children because we were denied ownership of either while Ducks Unlimited ran banquets and the state Fish and Game agencies hired anti-hunters. Hunting dog breeders and trainers will be too busy to support commercial dog breeders and pet owners while new Federal authorities are proclaimed and eventual registration and inspections (just like with guns) are utilized by zealous bureaucrats and vote-searching politicians to implement the hidden agendas of yet another animal rights group. All of these things will then be erased from history books and schools just like the Europeans and long-respected scholars and explorers...
Ecosystem Management
Ecosystem does not appear in an old 1970 American College Dictionary in my library. It does appear in a 1974 Merriam-Webster Dictionary sitting under my computer. Hmmm, 30 years ago it pops up in the common lexicon. Try as I might, I cannot come up with anything but trouble popping up in those days. Endangered Species Act, Marine Mammal Protection Act, Animal Welfare Act, and the meteoric rise of Federal powers fed by animal rights and environmental religious fervor all came out of the closet then and the "ecosystem" has been a cause celebre ever since.
We are told by government "experts" and animal rights gurus that wolves "must" be reintroduced everywhere because they are "important" to the "ecosystem." We are told by University professors with otherwise insignificant interests that their study of bats or turtles or darters reveals that their interest is vital to the "ecosystem" and nothing short of a Patriot-Like Act and immediate millions of dollars for those interests will save the "ecosystem." US Park Service and US Fish and Wildlife Service land managers ask Congress for billions of tax dollars and new Federal authorities to "fight" Invasive Species that are threatening the "ecosystem" of "their" lands. We are told by UN bureaucrats, Federal bureaucrats, and their environmental/animal rights chums that all animal or plant use, all land development, and all animal and plant management in the oceans, Africa, Asia, South America, and rural areas everywhere must be stopped to "save the ecosystem." It is all nonsense, but it has been swallowed hook, line, and lead sinker by millions and it is being taught to children today as though it was written in a holy book...
Working Together
And two hunting groups can't get along. So they quibble about nits while the environmentalists and animal rights folks sharpen the politicians, bureaucrats, and University professors to eliminate all hunting like the British parliament attempted recently. Double barrel shotguns and pointers will become academic matters to our children because we were denied ownership of either while Ducks Unlimited ran banquets and the state Fish and Game agencies hired anti-hunters. Hunting dog breeders and trainers will be too busy to support commercial dog breeders and pet owners while new Federal authorities are proclaimed and eventual registration and inspections (just like with guns) are utilized by zealous bureaucrats and vote-searching politicians to implement the hidden agendas of yet another animal rights group. All of these things will then be erased from history books and schools just like the Europeans and long-respected scholars and explorers...
Ecosystem Management
Ecosystem does not appear in an old 1970 American College Dictionary in my library. It does appear in a 1974 Merriam-Webster Dictionary sitting under my computer. Hmmm, 30 years ago it pops up in the common lexicon. Try as I might, I cannot come up with anything but trouble popping up in those days. Endangered Species Act, Marine Mammal Protection Act, Animal Welfare Act, and the meteoric rise of Federal powers fed by animal rights and environmental religious fervor all came out of the closet then and the "ecosystem" has been a cause celebre ever since.
We are told by government "experts" and animal rights gurus that wolves "must" be reintroduced everywhere because they are "important" to the "ecosystem." We are told by University professors with otherwise insignificant interests that their study of bats or turtles or darters reveals that their interest is vital to the "ecosystem" and nothing short of a Patriot-Like Act and immediate millions of dollars for those interests will save the "ecosystem." US Park Service and US Fish and Wildlife Service land managers ask Congress for billions of tax dollars and new Federal authorities to "fight" Invasive Species that are threatening the "ecosystem" of "their" lands. We are told by UN bureaucrats, Federal bureaucrats, and their environmental/animal rights chums that all animal or plant use, all land development, and all animal and plant management in the oceans, Africa, Asia, South America, and rural areas everywhere must be stopped to "save the ecosystem." It is all nonsense, but it has been swallowed hook, line, and lead sinker by millions and it is being taught to children today as though it was written in a holy book...
MONTANA RANCHING FAMILY WINS ACCESS RIGHTS
December 12, 2003 - For Immediate Release
Contact: William Perry Pendley
DENVER, CO. A Montana ranching family denied access to its private property by the U.S. Forest Service today won complete vindication of its water rights when a Montana federal district court quieted title to the property in its favor. Stephen and Jean Roth of Ravalli County, Montana, prevailed in their arguments that, because of two acts of Congress, they own property rights in the Tamarack Lake Dam and Reservoir and related ditches and the Forest Service may not deny them access to or use of those properties and the water they provide to their ranch. The ruling came after the Roths filed a lawsuit on March 11, 2002, and after discovery and the filing of briefs. Oral arguments occurred December 10, 2003.
“This is a great victory for the Roths and for ranchers across the West victimized by the refusal of the Forest Service to obey the law,” said William Perry Pendley of Mountain States Legal Foundation, which represents the Roths. “Land records, including documents generated by the Forest Service, confirm that the Roths have valid existing rights that may not be denied. Yet the Forest Service demanded that they sign away their rights.”
The Tamarack Lake Dam, which lies within the Bitterroot National Forest and the Selway-Bitterroot Wilderness Area in west central Montana along the Idaho border, was constructed in the late 1800’s. The water impounded by the Dam was applied to beneficial use by Roth’s predecessor and has been applied to beneficial use ever since. Although the Bitterroot National Forest was created in 1897, an 1866 Act of Congress protected any water-related facilities constructed prior to that date. In addition, in 1891, Congress adopted the Irrigation or General Right of Way Act, which provides for rights-of-way through public or reserved lands for the purpose of building irrigation and reservoir systems. The federal Wilderness Act of 1964 contains a provision that protects “valid existing rights,” like those held by the Roths.
For years, the Roths held a Forest Service special use permit, which gave them access to their irrigation facilities. Recently, the Forest Service refused to renew the permit. Instead, the Forest Service gave the Roths an ultimatum demanding that they relinquish their rights under federal law.
The district court held that “a right of way for the Tamarack Lake [D]am and [R]eservoir vested upon [its] construction” and that the Roths "established that construction of the[ir] ditches occurred before 1897, and that their predecessors possessed valid water rights under Montana law by that date as well... [Thus the Roths] possess an 1866 Act easement for those ditches. The [Roths] are accordingly entitled to a judgment quieting title to rights of way under the Act of 1866 for [their four] Ditches."
Mountain States Legal Foundation is a nonprofit, public interest legal center dedicated to individual liberty, the right to own and use property, limited and ethical government, and the free enterprise system. Its offices are in the Denver, Colorado, metropolitan area.
December 12, 2003 - For Immediate Release
Contact: William Perry Pendley
DENVER, CO. A Montana ranching family denied access to its private property by the U.S. Forest Service today won complete vindication of its water rights when a Montana federal district court quieted title to the property in its favor. Stephen and Jean Roth of Ravalli County, Montana, prevailed in their arguments that, because of two acts of Congress, they own property rights in the Tamarack Lake Dam and Reservoir and related ditches and the Forest Service may not deny them access to or use of those properties and the water they provide to their ranch. The ruling came after the Roths filed a lawsuit on March 11, 2002, and after discovery and the filing of briefs. Oral arguments occurred December 10, 2003.
“This is a great victory for the Roths and for ranchers across the West victimized by the refusal of the Forest Service to obey the law,” said William Perry Pendley of Mountain States Legal Foundation, which represents the Roths. “Land records, including documents generated by the Forest Service, confirm that the Roths have valid existing rights that may not be denied. Yet the Forest Service demanded that they sign away their rights.”
The Tamarack Lake Dam, which lies within the Bitterroot National Forest and the Selway-Bitterroot Wilderness Area in west central Montana along the Idaho border, was constructed in the late 1800’s. The water impounded by the Dam was applied to beneficial use by Roth’s predecessor and has been applied to beneficial use ever since. Although the Bitterroot National Forest was created in 1897, an 1866 Act of Congress protected any water-related facilities constructed prior to that date. In addition, in 1891, Congress adopted the Irrigation or General Right of Way Act, which provides for rights-of-way through public or reserved lands for the purpose of building irrigation and reservoir systems. The federal Wilderness Act of 1964 contains a provision that protects “valid existing rights,” like those held by the Roths.
For years, the Roths held a Forest Service special use permit, which gave them access to their irrigation facilities. Recently, the Forest Service refused to renew the permit. Instead, the Forest Service gave the Roths an ultimatum demanding that they relinquish their rights under federal law.
The district court held that “a right of way for the Tamarack Lake [D]am and [R]eservoir vested upon [its] construction” and that the Roths "established that construction of the[ir] ditches occurred before 1897, and that their predecessors possessed valid water rights under Montana law by that date as well... [Thus the Roths] possess an 1866 Act easement for those ditches. The [Roths] are accordingly entitled to a judgment quieting title to rights of way under the Act of 1866 for [their four] Ditches."
Mountain States Legal Foundation is a nonprofit, public interest legal center dedicated to individual liberty, the right to own and use property, limited and ethical government, and the free enterprise system. Its offices are in the Denver, Colorado, metropolitan area.
NAHB Calls On Supreme Court To Define Federal Jurisdiction Under Clean Water Act...Decision in U.S. v. Needham Affirms that Feds Cannot Regulate Puddles and Roadside Ditches
December 17, 2003 - The federal government may not impose regulations over non-navigable waters, the U.S. Court of Appeals for the Fifth Circuit decided yesterday, in a decision that directly contradicts previous circuit court decisions. The National Association of Home Builders (NAHB), which filed an amicus brief in support of the Fifth Circuit’s finding, has called on the Supreme Court to resolve the debate as other branches of government have refused to issue policy language, guidance or rules on Clean Water Act jurisdiction.
"Landowners, home builders, developers and regulatory field officials have no coherent guideposts from the Bush Administration on the limits of federal regulation under the Clean Water Act," said Kent Conine, president of NAHB and a home and apartment builder from Dallas. "It’s time for the Supreme Court to step in and confirm that puddles and ditches are not navigable waters so that we are not needlessly increasing the area we have to regulate with finite budgetary resources."
In U.S. v. Needham, the Fifth Circuit ruled that "the Clean Water Act and the Oil Pollution Act are not so broad as to permit the federal government to impose regulations over ‘tributaries’ that are neither themselves navigable nor truly adjacent to navigable waters. Consequently, in this circuit the United States may not simply impose regulations over puddles, sewers, roadside ditches and the like."
The Fifth Circuit relied heavily on the 2001 decision, Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers (SWANCC), in which the Supreme Court ruled that Clean Water Act regulation does not extend to isolated wetlands. But the Needham ruling is in direct contradiction to other circuit court decisions, notably U.S. v. Deaton, where the Fourth Circuit ruled in favor of virtually limitless jurisdiction, putting a remote, shallow drainage ditch eight miles from the closest navigable water under federal regulation.
Landowners will see no clarification from regulatory agencies, according to a joint statement issued by U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers Dec. 15. The agencies said there will be no rulemaking on activities in isolated wetlands, leaving the courts to decide individually whether the federal government has jurisdiction and what activities may be allowed in wetlands. This makes for inconsistent and unpredictable decision-making by judicial bodies with little expertise in environmental policy.
"What we learned from the Needham decision is that if the Deatons’ land were in Texas, their ditch would not have been regulated by the federal government," said Conine. "Without action from the EPA, the Supreme Court is the only realistic forum that can resolve the question of jurisdiction and take landowners like the Deatons out of regulatory limbo, and we urge the justices to take the case."
NAHB Blasts EPA & Army Corps Decision On Wetlands Jurisdiction
December 17, 2003 - The National Association of Home Builders today announced its significant disappointment over yesterday’s joint decision by the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (the Corps) not to issue a new rule that would help redefine its jurisdiction over "waters of the U.S."
"EPA and the Corps have shirked their rulemaking responsibility by relegating this critical environmental decision regarding isolated wetlands to the courts. This is bad for business and bad for wetlands," said, Kent Conine, NAHB president and a home and apartment builder from Dallas. "This decision completely ignores the issues raised by the U.S. Supreme Court’s SWANCC ruling and leaves builders, developers and landowners in limbo."
In 2001, the U.S. Supreme Court ruled in Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers that Clean Water Act (CWA) regulations do not extend to isolated wetlands. Further, jurisdictional decisions should be made based on the traditional concepts of navigability or the presence of a significant nexus to navigable waterways. Since the SWANCC decision, the agencies have failed to provide a comprehensive, natural approach to jurisdictional decisions - choosing instead to instruct field staff within each district to interpret local court decisions. Despite this ruling, EPA and the Corps have continued to assert jurisdiction over isolated wetlands without any clear definition of an isolated wetland or clarification of its jurisdiction.
"A rulemaking would simply ensure consistency and predictability over which isolated wetlands can be regulated by the federal government. However, many environmentalists argued that rulemaking is synonymous with a rollback of Clean Water Act. This is absolutely untrue and a blatant misstatement of the facts," said Conine.
Absent a rulemaking decision by EPA and the Corps, builders and land developers will continue to face widely varying approaches to wetlands regulation and problems that have persisted since the SWANCC decision.
Consistency and predictability are the two goals that NAHB has sought since the SWANCC decision was made.
December 17, 2003 - The federal government may not impose regulations over non-navigable waters, the U.S. Court of Appeals for the Fifth Circuit decided yesterday, in a decision that directly contradicts previous circuit court decisions. The National Association of Home Builders (NAHB), which filed an amicus brief in support of the Fifth Circuit’s finding, has called on the Supreme Court to resolve the debate as other branches of government have refused to issue policy language, guidance or rules on Clean Water Act jurisdiction.
"Landowners, home builders, developers and regulatory field officials have no coherent guideposts from the Bush Administration on the limits of federal regulation under the Clean Water Act," said Kent Conine, president of NAHB and a home and apartment builder from Dallas. "It’s time for the Supreme Court to step in and confirm that puddles and ditches are not navigable waters so that we are not needlessly increasing the area we have to regulate with finite budgetary resources."
In U.S. v. Needham, the Fifth Circuit ruled that "the Clean Water Act and the Oil Pollution Act are not so broad as to permit the federal government to impose regulations over ‘tributaries’ that are neither themselves navigable nor truly adjacent to navigable waters. Consequently, in this circuit the United States may not simply impose regulations over puddles, sewers, roadside ditches and the like."
The Fifth Circuit relied heavily on the 2001 decision, Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers (SWANCC), in which the Supreme Court ruled that Clean Water Act regulation does not extend to isolated wetlands. But the Needham ruling is in direct contradiction to other circuit court decisions, notably U.S. v. Deaton, where the Fourth Circuit ruled in favor of virtually limitless jurisdiction, putting a remote, shallow drainage ditch eight miles from the closest navigable water under federal regulation.
Landowners will see no clarification from regulatory agencies, according to a joint statement issued by U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers Dec. 15. The agencies said there will be no rulemaking on activities in isolated wetlands, leaving the courts to decide individually whether the federal government has jurisdiction and what activities may be allowed in wetlands. This makes for inconsistent and unpredictable decision-making by judicial bodies with little expertise in environmental policy.
"What we learned from the Needham decision is that if the Deatons’ land were in Texas, their ditch would not have been regulated by the federal government," said Conine. "Without action from the EPA, the Supreme Court is the only realistic forum that can resolve the question of jurisdiction and take landowners like the Deatons out of regulatory limbo, and we urge the justices to take the case."
NAHB Blasts EPA & Army Corps Decision On Wetlands Jurisdiction
December 17, 2003 - The National Association of Home Builders today announced its significant disappointment over yesterday’s joint decision by the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (the Corps) not to issue a new rule that would help redefine its jurisdiction over "waters of the U.S."
"EPA and the Corps have shirked their rulemaking responsibility by relegating this critical environmental decision regarding isolated wetlands to the courts. This is bad for business and bad for wetlands," said, Kent Conine, NAHB president and a home and apartment builder from Dallas. "This decision completely ignores the issues raised by the U.S. Supreme Court’s SWANCC ruling and leaves builders, developers and landowners in limbo."
In 2001, the U.S. Supreme Court ruled in Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers that Clean Water Act (CWA) regulations do not extend to isolated wetlands. Further, jurisdictional decisions should be made based on the traditional concepts of navigability or the presence of a significant nexus to navigable waterways. Since the SWANCC decision, the agencies have failed to provide a comprehensive, natural approach to jurisdictional decisions - choosing instead to instruct field staff within each district to interpret local court decisions. Despite this ruling, EPA and the Corps have continued to assert jurisdiction over isolated wetlands without any clear definition of an isolated wetland or clarification of its jurisdiction.
"A rulemaking would simply ensure consistency and predictability over which isolated wetlands can be regulated by the federal government. However, many environmentalists argued that rulemaking is synonymous with a rollback of Clean Water Act. This is absolutely untrue and a blatant misstatement of the facts," said Conine.
Absent a rulemaking decision by EPA and the Corps, builders and land developers will continue to face widely varying approaches to wetlands regulation and problems that have persisted since the SWANCC decision.
Consistency and predictability are the two goals that NAHB has sought since the SWANCC decision was made.
Nevada Live Stock Association
9732 State Route 445, #305
Sparks, NV 89436
775.424.0570
For Immediate Release
December 20, 2003
Judge to Hear Case Monday on State Allowing BLM to Confiscate Nevada Cattle Without Due Process of Law
The Washoe County Second Judicial District Court is set to a hear several motions in the Nevada Department of Agriculture’s Petition for Judicial Confirmation Monday, December 22, 2003 at 9:30 a.m. The controversy before the Court stems from the Nevada Department of Agriculture Brand Department’s failure to ensure due process of law to property owners before the Bureau of Land Management (BLM) confiscated and sold privately owned livestock off Nevada ranges.
“The policies of the Nevada Department of Agriculture provided for the transfer of ownership of livestock to the Federal government on the mere signature of a brand inspector denying the property owners a day in court before their property was confiscated. Protection from unlawful seizures is one of the most basic tenets of the Constitution. Just because the federal government is the entity conducting the seizure doesn’t make the action lawful and the State needs to recognize this,” said Ramon Morrison, Secretary/Treasurer of the Nevada Live Stock Association.
The BLM has threatened to confiscate 3,000 head and millions of dollars worth of livestock from Nevada ranchers. To date, they have rounded up several hundred head of cattle in five para-military raids on Nevada ranches. The most notorious and disturbing raid involved 50 federal law enforcement agents invading the ranch of two elderly sisters, Carrie and Mary Dann.
“The federal government spent an untold amount of tax payer money to jam cell phones, operate helicopters, and import command and control centers so they could gather the livestock of two elderly ladies who are well known peace activists. This action was so over the top it defies understanding. How the State could aid and abet the federal government in this action by refusing to enforce its laws I’ll never know,” said Jeannie Voigts, a NLSA Board Member who witnessed the Dann cattle confiscation.
“The practice of the BLM has apparently been to use coercion when it cannot accomplish its objectives lawfully. Many of the District Attorneys and Sheriffs in the counties in which the government raids took place have stated that they were threatened by the BLM, through the U.S. Attorney’s office, not to interfere in the BLM actions. One sheriff stated that he was told he would loose his retirement if he interfered or tried to stop the government raid on Ben Colvin,” noted Ms. Morrison.
“Interestingly, the Nevada Department of Agriculture had previously stated in writing that it would not allow any federally impounded livestock to be removed unless the Department was provided with a court order. A few months later, apparently under pressure from the federal government, the Department of Agriculture changed its position to require a court order. The problem with the Nevada Department of Agriculture and their brand inspector, James Connelley, is that they are not paid to do what the federal government tells them to do. They are paid to enforce Nevada’s brand laws,” Morrison continued.
Esmeralda County rancher Ben Colvin, whose cattle were confiscated by the BLM and who recently filed a $30 million takings suit against the federal government for shutting down his ranching operation, commented on the State’s involvement in his case. “Because the State transferred ownership of my cattle on the mere signature of a brand inspector I never got my day in court before the federal government showed up with armed agents, cannons and helicopters to take my cattle. If rapists and murderers are guaranteed due process of law and their day in court, I think I, as a law abiding citizen and tax payer should at the very least be afforded the same Constitutional protections before my property is stolen,” he continued.
By refusing to enforce Nevada’s brand laws against the federal government, the Nevada Department of Agriculture allowed the federal government to avoid the necessary interim step of obtaining a court order prior to transfer of ownership of Nevada livestock. By allowing the agents of the federal government to transport, and to sell property (livestock), of which the ownership was disputed, the Department erased the primary remedy available to the rightful owner of the property, namely a Court resolution of the ownership issue--called due process of law. By lending itself to the BLM actions the State has become complicit with the federal government in the confiscation of cattle without due process of law.
“Unfortunately we find that when state officials deal with the federal government they often forget state law exits and that the federal government is not immune from being governed by state law. Now we, the State’s citizens are suffering the burden of hiring an attorney and going to court to force the State to do its job,” said George Parmen, NLSA Board Member.
Contacts: Ramona Morrison 775.424.0570
Ben Colvin 775.485.6366
Jeannie Voigts 775.267-3757
9732 State Route 445, #305
Sparks, NV 89436
775.424.0570
For Immediate Release
December 20, 2003
Judge to Hear Case Monday on State Allowing BLM to Confiscate Nevada Cattle Without Due Process of Law
The Washoe County Second Judicial District Court is set to a hear several motions in the Nevada Department of Agriculture’s Petition for Judicial Confirmation Monday, December 22, 2003 at 9:30 a.m. The controversy before the Court stems from the Nevada Department of Agriculture Brand Department’s failure to ensure due process of law to property owners before the Bureau of Land Management (BLM) confiscated and sold privately owned livestock off Nevada ranges.
“The policies of the Nevada Department of Agriculture provided for the transfer of ownership of livestock to the Federal government on the mere signature of a brand inspector denying the property owners a day in court before their property was confiscated. Protection from unlawful seizures is one of the most basic tenets of the Constitution. Just because the federal government is the entity conducting the seizure doesn’t make the action lawful and the State needs to recognize this,” said Ramon Morrison, Secretary/Treasurer of the Nevada Live Stock Association.
The BLM has threatened to confiscate 3,000 head and millions of dollars worth of livestock from Nevada ranchers. To date, they have rounded up several hundred head of cattle in five para-military raids on Nevada ranches. The most notorious and disturbing raid involved 50 federal law enforcement agents invading the ranch of two elderly sisters, Carrie and Mary Dann.
“The federal government spent an untold amount of tax payer money to jam cell phones, operate helicopters, and import command and control centers so they could gather the livestock of two elderly ladies who are well known peace activists. This action was so over the top it defies understanding. How the State could aid and abet the federal government in this action by refusing to enforce its laws I’ll never know,” said Jeannie Voigts, a NLSA Board Member who witnessed the Dann cattle confiscation.
“The practice of the BLM has apparently been to use coercion when it cannot accomplish its objectives lawfully. Many of the District Attorneys and Sheriffs in the counties in which the government raids took place have stated that they were threatened by the BLM, through the U.S. Attorney’s office, not to interfere in the BLM actions. One sheriff stated that he was told he would loose his retirement if he interfered or tried to stop the government raid on Ben Colvin,” noted Ms. Morrison.
“Interestingly, the Nevada Department of Agriculture had previously stated in writing that it would not allow any federally impounded livestock to be removed unless the Department was provided with a court order. A few months later, apparently under pressure from the federal government, the Department of Agriculture changed its position to require a court order. The problem with the Nevada Department of Agriculture and their brand inspector, James Connelley, is that they are not paid to do what the federal government tells them to do. They are paid to enforce Nevada’s brand laws,” Morrison continued.
Esmeralda County rancher Ben Colvin, whose cattle were confiscated by the BLM and who recently filed a $30 million takings suit against the federal government for shutting down his ranching operation, commented on the State’s involvement in his case. “Because the State transferred ownership of my cattle on the mere signature of a brand inspector I never got my day in court before the federal government showed up with armed agents, cannons and helicopters to take my cattle. If rapists and murderers are guaranteed due process of law and their day in court, I think I, as a law abiding citizen and tax payer should at the very least be afforded the same Constitutional protections before my property is stolen,” he continued.
By refusing to enforce Nevada’s brand laws against the federal government, the Nevada Department of Agriculture allowed the federal government to avoid the necessary interim step of obtaining a court order prior to transfer of ownership of Nevada livestock. By allowing the agents of the federal government to transport, and to sell property (livestock), of which the ownership was disputed, the Department erased the primary remedy available to the rightful owner of the property, namely a Court resolution of the ownership issue--called due process of law. By lending itself to the BLM actions the State has become complicit with the federal government in the confiscation of cattle without due process of law.
“Unfortunately we find that when state officials deal with the federal government they often forget state law exits and that the federal government is not immune from being governed by state law. Now we, the State’s citizens are suffering the burden of hiring an attorney and going to court to force the State to do its job,” said George Parmen, NLSA Board Member.
Contacts: Ramona Morrison 775.424.0570
Ben Colvin 775.485.6366
Jeannie Voigts 775.267-3757
NEWS ROUNDUP
New lynx lawsuit threatened It's probably a good thing that lynx don't have to pay the legal fees for the lawsuits filed on their behalf in recent years because it would take an awful lot of snowshoe hare pelts to cover those bills. In the latest maneuver, a slew of conservation groups recently filed a formal Notice of Intent (NOI) to sue the Forest Service for the agency's delay in adopting a set of regional forest plan revisions intended to protect and recover the threatened species. That would only be the latest in a series of ongoing legal skirmishes that may outlast the cats themselves, given the glacial pace at which these issues seem to move through the courts...Timber harvest plan under attack U.S. Forest Service officials reporting on a controversial forest management plan Thursday were bombarded with criticism from local officials, loggers and the Quincy Library Group, which designed the plan. Even Rep. Wally Herger, R-Marysville, called the timber harvest levels projected for the next six years "incredibly discouraging." Turning to Forest Service Regional Forester Jack Blackwell, he said, "You're our new general ... but I'm not encouraged by these numbers."...Column: Oil ire on public lands In quiet corners of public land across the West, an angry fight roils over energy development. A few weeks ago, the Senate killed an energy bill that would have erased important protections for wildlife and pristine lands. But next month, voters can expect another push for environmental rollbacks when Congress reconvenes. Of course, the nation should develop its energy resources - but most federal land already is open to mineral development, according to the Bush administration's own studies. The few federal holdings that are off-limits include national parks and wilderness areas...Environmentalists seeking data on state road claims Environmentalists want to force state and federal officials to reveal to the public which roads Utah hopes to acquire under a settlement agreement. "We're fighting on two fronts," said Heidi McIntosh, conservation director for the Southern Utah Wilderness Alliance. On one hand, SUWA and The Wilderness Society lodged a formal appeal with the Interior Department against the Bureau of Land Management's Utah office for refusing to disclose which roads crisscrossing federal land the state is claiming ownership of under a Civil War law known as R.S. 2477. On the other hand, the conservation group Save Our Canyons has filed a records request under the state's Government Records Access and Management Act, which compels local agencies to release certain public records. In this case, environmentalists want to know which roads the state and Salt Lake County are claiming ownership of because they are part of the state's highway system...Caribou herd in U.S. remains endangered Despite 20 years of recovery efforts, the last wild herd of woodland caribou in the contiguous 48 states continues to struggle for survival. Only 41 of the caribou, a close relative of the reindeer, were counted in the 2003 census within the greater Selkirk Mountains north of Spokane...Vegas to extend water intake deeper in drought-struck Lake Mead With drought drying Lake Mead, water officials are hurrying plans to build a longer straw to draw water from deeper in the reservoir that supplies almost all of southern Nevada's drinking water. The Southern Nevada Water Authority has approved spending up to $2.5 million to buy materials to attach a downward pipe to the water intake at the Hoover Dam complex on the Colorado River...Davis: Trouble with Chambers Before There's word that embattled U.S. Park Police Chief Teresa Chambers may have been on thin ice for some time. Chambers was suspended December fifth after telling reporters her department is short-handed. But Northern Virginia Congressman Tom Davis tells WTOP Radio there have been issues with the chief before that. Davis says those issues involve insubordination and unspecified improper actions. The congressman also says there have been moves to replace Chambers even before this latest incident...A life ends; questions don't After all the surgeries and sickness, the infections and the tears, one of the things Justin Frasure had hoped to receive from the federal government was an apology. But he never got the acknowledgment he sought in a lawsuit against officials he said failed to warn him and others about the toxins that littered the hillside where he played as a boy. The federal government has tried unsuccessfully to dismiss his suit and its lawyers have declined to talk about the case while it remains unresolved...Checkerboard Shuffle: Nevada's largest landowner plans sale to BLM A proposed format for selling hundreds of thousands of acres of land in Pershing County could prove to be the model for consolidating "checkerboard lands" throughout northern Nevada, including Elko County. But, it's far from certain whether the checkerboard land consolidation plan being put forward by Nevada Land and Resource Co. - the largest single landowner in the state of Nevada - and Pershing County will succeed... Private vs. public lands With nearly 90 percent of the land in Nevada managed by the federal government, many have argued that taking any more property out of the hands of the private sector is contrary to the long-term interests of the state. But, just having privately owned land available doesn't necessarily lead to economic development. That's especially the case in northern Nevada, where "checkerboard lands" dominate much of the landscape, according to Don Pattalock, chief geologist for Nevada Land and Resource Co...Abbey: BLM lacks funds for roundups U.S. Bureau of Land Management's state director, Bob Abbey, said Wednesday he is upset over lack of funding for gathering wild horses. And Doug Hunt of the Nevada Department of Wildlife said NDOW is considering suing the federal government to force the roundup of wild horses...Officials want BLM probe Four Oregon Congressional representatives have asked the U.S. Interior Department for a review of the Bureau of Land Management's contracting procedures. The request comes after a report in The Oregonian newspaper that the federal lands agency hired a private contractor with ties to the mining industry to help draft a management plan for Steens Mountain and the surrounding federal land...Ranchers, state, federal officials clash over grazing in Nevada Nevada's attorney general is sparking unexpected controversy by asking a judge to clarify the state's role in the federal seizure of cattle from ranchers accused of trespassing on U.S. land. Seeking legal direction in an ongoing dispute over property rights on Western rangeland, Attorney General Brian Sandoval joined the Nevada Agriculture Department in asking a state court to conduct a "judicial confirmation hearing." Sandoval wants a legal opinion on whether the state acted appropriately when it cooperated with federal land managers who during the past two years impounded and auctioned cattle that had been seized from ranchers accused of illegally grazing livestock on public land...Interior appointee to focus on renewables Mindful of the power generated by the sun, electricity derived from underground steam and turbines turned by the wind, the Interior Department has carved a new job to promote renewable energy development on public land. Interior Secretary Gale Norton has appointed Brenda Aird as the department's ombudsman for renewables...Salmon advocates say they'll head to court over dams A coalition of salmon advocates said Friday they will go to court over the effects federal dams on the upper Snake River have on migrating salmon downstream. The filing of a formal notice to sue followed U.S. District Judge James Redden's rejection earlier in the week of a petition to include in the new salmon recovery plan the effect of those dams on migration...2nd state restricts shipments of Wyo. cattle California became the second state to impose restrictions on Wyoming cattle amid the finding of brucellosis in a herd near Pinedale, an aide to Gov. Dave Freudenthal announced Friday. "California has imposed restrictions, which would have been in effect (Thursday)," said Lara Azar, the governor's press secretary. Colorado had earlier restricted imports of cattle from a wide area of western Wyoming...USDA: Commercial Beef Production Down 18 Percent From Last November Beef production, at 1.78 billion pounds, was 18 percent below the previous year. Cattle slaughter totaled 2.43 million head, down 15 percent from November 2002. The average live weight was down 24 pounds from the previous year, at 1,236 pounds...Mortensen heads from Vegas to Metra for Chase Hawks Dan Mortensen, you've just matched one of professional rodeo's oldest and most prestigious records, what are you going to do this weekend? "I'm going to ride at Chase Hawks," replied Mortensen. Less than a week after winning his sixth PRCA world saddle bronc title, Mortensen will climb aboard another bucking horse tonight at the 9th Annual Chase Hawks Memorial Roughstock Rodeo...Montanan's tale of record-breaking flake a white lie? This story might sound a little flaky. You know, like we're trying to snow you. It is, after all, about a snowflake and a world record one at that. They say the father of all flakes fell near what is now Miles City in eastern Montana Jan. 28, 1887. According to the record books, it measured 15 inches (38 cm) by 8 inches (20 cm). And it apparently wasn't alone. One witness said the same storm dumped giant snowflakes over an area of several miles. Rancher Matt Coleman gets the credit for measuring the flakes, which he said were "as large as milk pans."...
New lynx lawsuit threatened It's probably a good thing that lynx don't have to pay the legal fees for the lawsuits filed on their behalf in recent years because it would take an awful lot of snowshoe hare pelts to cover those bills. In the latest maneuver, a slew of conservation groups recently filed a formal Notice of Intent (NOI) to sue the Forest Service for the agency's delay in adopting a set of regional forest plan revisions intended to protect and recover the threatened species. That would only be the latest in a series of ongoing legal skirmishes that may outlast the cats themselves, given the glacial pace at which these issues seem to move through the courts...Timber harvest plan under attack U.S. Forest Service officials reporting on a controversial forest management plan Thursday were bombarded with criticism from local officials, loggers and the Quincy Library Group, which designed the plan. Even Rep. Wally Herger, R-Marysville, called the timber harvest levels projected for the next six years "incredibly discouraging." Turning to Forest Service Regional Forester Jack Blackwell, he said, "You're our new general ... but I'm not encouraged by these numbers."...Column: Oil ire on public lands In quiet corners of public land across the West, an angry fight roils over energy development. A few weeks ago, the Senate killed an energy bill that would have erased important protections for wildlife and pristine lands. But next month, voters can expect another push for environmental rollbacks when Congress reconvenes. Of course, the nation should develop its energy resources - but most federal land already is open to mineral development, according to the Bush administration's own studies. The few federal holdings that are off-limits include national parks and wilderness areas...Environmentalists seeking data on state road claims Environmentalists want to force state and federal officials to reveal to the public which roads Utah hopes to acquire under a settlement agreement. "We're fighting on two fronts," said Heidi McIntosh, conservation director for the Southern Utah Wilderness Alliance. On one hand, SUWA and The Wilderness Society lodged a formal appeal with the Interior Department against the Bureau of Land Management's Utah office for refusing to disclose which roads crisscrossing federal land the state is claiming ownership of under a Civil War law known as R.S. 2477. On the other hand, the conservation group Save Our Canyons has filed a records request under the state's Government Records Access and Management Act, which compels local agencies to release certain public records. In this case, environmentalists want to know which roads the state and Salt Lake County are claiming ownership of because they are part of the state's highway system...Caribou herd in U.S. remains endangered Despite 20 years of recovery efforts, the last wild herd of woodland caribou in the contiguous 48 states continues to struggle for survival. Only 41 of the caribou, a close relative of the reindeer, were counted in the 2003 census within the greater Selkirk Mountains north of Spokane...Vegas to extend water intake deeper in drought-struck Lake Mead With drought drying Lake Mead, water officials are hurrying plans to build a longer straw to draw water from deeper in the reservoir that supplies almost all of southern Nevada's drinking water. The Southern Nevada Water Authority has approved spending up to $2.5 million to buy materials to attach a downward pipe to the water intake at the Hoover Dam complex on the Colorado River...Davis: Trouble with Chambers Before There's word that embattled U.S. Park Police Chief Teresa Chambers may have been on thin ice for some time. Chambers was suspended December fifth after telling reporters her department is short-handed. But Northern Virginia Congressman Tom Davis tells WTOP Radio there have been issues with the chief before that. Davis says those issues involve insubordination and unspecified improper actions. The congressman also says there have been moves to replace Chambers even before this latest incident...A life ends; questions don't After all the surgeries and sickness, the infections and the tears, one of the things Justin Frasure had hoped to receive from the federal government was an apology. But he never got the acknowledgment he sought in a lawsuit against officials he said failed to warn him and others about the toxins that littered the hillside where he played as a boy. The federal government has tried unsuccessfully to dismiss his suit and its lawyers have declined to talk about the case while it remains unresolved...Checkerboard Shuffle: Nevada's largest landowner plans sale to BLM A proposed format for selling hundreds of thousands of acres of land in Pershing County could prove to be the model for consolidating "checkerboard lands" throughout northern Nevada, including Elko County. But, it's far from certain whether the checkerboard land consolidation plan being put forward by Nevada Land and Resource Co. - the largest single landowner in the state of Nevada - and Pershing County will succeed... Private vs. public lands With nearly 90 percent of the land in Nevada managed by the federal government, many have argued that taking any more property out of the hands of the private sector is contrary to the long-term interests of the state. But, just having privately owned land available doesn't necessarily lead to economic development. That's especially the case in northern Nevada, where "checkerboard lands" dominate much of the landscape, according to Don Pattalock, chief geologist for Nevada Land and Resource Co...Abbey: BLM lacks funds for roundups U.S. Bureau of Land Management's state director, Bob Abbey, said Wednesday he is upset over lack of funding for gathering wild horses. And Doug Hunt of the Nevada Department of Wildlife said NDOW is considering suing the federal government to force the roundup of wild horses...Officials want BLM probe Four Oregon Congressional representatives have asked the U.S. Interior Department for a review of the Bureau of Land Management's contracting procedures. The request comes after a report in The Oregonian newspaper that the federal lands agency hired a private contractor with ties to the mining industry to help draft a management plan for Steens Mountain and the surrounding federal land...Ranchers, state, federal officials clash over grazing in Nevada Nevada's attorney general is sparking unexpected controversy by asking a judge to clarify the state's role in the federal seizure of cattle from ranchers accused of trespassing on U.S. land. Seeking legal direction in an ongoing dispute over property rights on Western rangeland, Attorney General Brian Sandoval joined the Nevada Agriculture Department in asking a state court to conduct a "judicial confirmation hearing." Sandoval wants a legal opinion on whether the state acted appropriately when it cooperated with federal land managers who during the past two years impounded and auctioned cattle that had been seized from ranchers accused of illegally grazing livestock on public land...Interior appointee to focus on renewables Mindful of the power generated by the sun, electricity derived from underground steam and turbines turned by the wind, the Interior Department has carved a new job to promote renewable energy development on public land. Interior Secretary Gale Norton has appointed Brenda Aird as the department's ombudsman for renewables...Salmon advocates say they'll head to court over dams A coalition of salmon advocates said Friday they will go to court over the effects federal dams on the upper Snake River have on migrating salmon downstream. The filing of a formal notice to sue followed U.S. District Judge James Redden's rejection earlier in the week of a petition to include in the new salmon recovery plan the effect of those dams on migration...2nd state restricts shipments of Wyo. cattle California became the second state to impose restrictions on Wyoming cattle amid the finding of brucellosis in a herd near Pinedale, an aide to Gov. Dave Freudenthal announced Friday. "California has imposed restrictions, which would have been in effect (Thursday)," said Lara Azar, the governor's press secretary. Colorado had earlier restricted imports of cattle from a wide area of western Wyoming...USDA: Commercial Beef Production Down 18 Percent From Last November Beef production, at 1.78 billion pounds, was 18 percent below the previous year. Cattle slaughter totaled 2.43 million head, down 15 percent from November 2002. The average live weight was down 24 pounds from the previous year, at 1,236 pounds...Mortensen heads from Vegas to Metra for Chase Hawks Dan Mortensen, you've just matched one of professional rodeo's oldest and most prestigious records, what are you going to do this weekend? "I'm going to ride at Chase Hawks," replied Mortensen. Less than a week after winning his sixth PRCA world saddle bronc title, Mortensen will climb aboard another bucking horse tonight at the 9th Annual Chase Hawks Memorial Roughstock Rodeo...Montanan's tale of record-breaking flake a white lie? This story might sound a little flaky. You know, like we're trying to snow you. It is, after all, about a snowflake and a world record one at that. They say the father of all flakes fell near what is now Miles City in eastern Montana Jan. 28, 1887. According to the record books, it measured 15 inches (38 cm) by 8 inches (20 cm). And it apparently wasn't alone. One witness said the same storm dumped giant snowflakes over an area of several miles. Rancher Matt Coleman gets the credit for measuring the flakes, which he said were "as large as milk pans."...
Friday, December 19, 2003
United States: Supreme Court Docket Report, October Term, 2003 – Number 3
18 December 2003
On November 3, 2003, the Supreme Court granted certiorari in three cases of potential interest to the business community, two of which were consolidated. Amicus briefs in support of the petitioners were due on Thursday, December 18, 2003, and amicus briefs in support of the respondents are due on Thursday, January 22, 2004.
2. Administrative Procedure Act . Federal Court Authority to Compel Agency Action . Public Lands. Section 706(1) of the Administrative Procedure Act ("APA") authorizes judicial review "to compel agency action unlawfully withheld or unreasonably delayed." 5 U.S.C. § 706(1). The Supreme Court granted certiorari in Norton v. Southern Utah Wilderness Alliance, No. 03-101, to determine whether this provision allows courts to review the adequacy of an agency’s day-to-day management of public lands under statutory standards and the agency’s own land use plans.
The plaintiffs, a group of environmental organizations, sued the Bureau of Land Management under Section 706(1), alleging that the Bureau had violated the Federal Land Policy and Management Act ("FLPMA"), 43 U.S.C. § 1701 et seq., and the National Environmental Policy Act ("NEPA"), 42 U.S.C. § 4321 et seq., by failing properly to regulate the use of off-road vehicles in "Wilderness Study Areas." Under the FLPMA, the Bureau may classify public lands as Wilderness Study Areas, which Congress later may designate for wilderness preservation; until Congress affirmatively declares or rejects a Study Area as protected wilderness, the Bureau must manage the area "so as not to impair [its] suitability * * * for preservation." 43 U.S.C. § 1782(c). The environmental groups sought an injunction compelling the Bureau to implement provisions of its land use plans relating to the use of off-road vehicles in Wilderness Study Areas and to take a "hard look" under the NEPA at whether the agency should prepare supplemental environmental impact statements for areas affected by increased use of such vehicles.
The district court granted the Bureau’s motion to dismiss for lack of subject matter jurisdiction, reasoning that, as long as an agency is taking some steps toward fulfilling its mandatory, nondiscretionary duties, its actions are not subject to judicial review under Section 706(1). Southern Utah Wilderness Alliance v. Babbitt, No. 99-CV-852, 2000 WL 33914094 (D. Utah Dec. 22, 2000). The court also held that Section 706(1) does not provide a basis for challenging the Bureau’s alleged failure to implement provisions of its land use plans, and that the Bureau does not have a clear duty under the NEPA to consider whether to supplement its prior environmental impact statements.
A divided panel of the Tenth Circuit reversed and remanded the case for consideration on the merits, holding that the environmental groups could challenge the Bureau’s management of the Wilderness Study Areas under Section 706(1). Southern Utah Wilderness Alliance v. Norton, 301 F.3d 1217 (10th Cir. 2002). In the court’s view, the Bureau has a mandatory, nondiscretionary duty under the FLPMA not to impair the suitability of those regions for designation as protected wilderness . a duty that is therefore enforceable under Section 706(1). Id. at 1229, 1233. The Tenth Circuit also concluded that the district court had subject matter jurisdiction to consider claims that the Bureau had violated its own land-use plans (id. at 1235) and that the district court had erred in holding that the environmental groups had failed to state a valid claim under the NEPA (id. at 1236-40). Judge McKay dissented in part, opining that Section 706(1) should not become a jurisdictional vehicle for programmatic attacks on day-to-day agency operations. Id. at 1242-43. In the dissent’s view, that section authorizes challenges to true administrative inaction, but does not allow judicial review of agency efforts that allegedly do not satisfy completely the agency’s statutory obligations. Id. at 1243.
This case most concretely affects businesses having interests relating to the government’s management of public lands. Because the Supreme Court may clarify the circumstances under which any agency may be judicially compelled to comply with statutory obligations in the conduct of its day-to-day operations, however, this case also may affect many other businesses subject to ongoing regulatory oversight.
United States: Supreme Court Docket Report, October Term, 2003 – Number 1
3. Mineral Rights . Pittman Act . Reservation to United States of Rights to Sand and Gravel. The Pittman Underground Water Act of 1919 (the "Pittman Act"), 43 U.S.C. §§ 351-359 (repealed 1964), authorized grants, or "patents," of up to 640 acres of federal public land in Nevada to applicants who successfully developed underground water sources, but required that such patents reserve to the United States "all the coal and other valuable minerals" on the patented land. The Supreme Court granted certiorari in BedRoc Ltd., LLC v. United States, No. 02-1593, to decide whether the statutory reservation of "valuable minerals" includes common materials such as sand and gravel that had no market value when the patent was issued.
In 1940, Newton and Mabel Butler secured a patent under the Pittman Act for 560 acres in Lincoln County, Nevada. At that time, there was no local market for the abundant sand and gravel on the property. In the early 1990s, after the growth of the city of Las Vegas created demand for the material, the lessee of a successor owner began to extract and sell sand and gravel from the property. Petitoner BedRoc Limited, LLC, acquired the property in 1995 and has continued the sand and gravel operation.
On March 26, 1993, the Bureau of Land Management ("BLM") issued a trespass notice to then-owner Earl Williams, claiming that the sand and gravel on the property were reserved to the United States. Shortly thereafter, the BLM issued a decision finding Williams in trespass, and in 1997 the Interior Board of Land Appeals ("IBLA") affirmed. Earl Williams, 140 I.B.L.A. 295 (1997). BedRoc and Williams brought an action to quiet title in federal district court. The district court granted summary judgment to the United States, ruling that sand and gravel are "valuable materials" reserved to the United States under the Pittman Act. 50 F. Supp. 2d 1001 (D. Nev. 1999).
The Ninth Circuit affirmed. 314 F.3d 1080 (2002). Concluding that the statutory text is ambiguous, the court turned to legislative history and other sources to determine whether Congress intended to include sand and gravel within the reservation of "valuable minerals." As evidence that it did, the court cited congressional debate indicating that all minerals were reserved (id. at 1087-1088), and pointed to contemporaneous federal publications describing sand and gravel as among the country’s "mineral resources" (id. at 1088-1089). The court also relied on Watt v. Western Nuclear, Inc., 462 U.S. 36, 103 (1983), in which the Supreme Court determined that gravel was reserved to the United States in grants made under the Stock-Raising Homestead Act, which was enacted three years before the Pittman Act. The court rejected BedRoc’s argument that the question whether sand and gravel were "valuable minerals" was factual and site-specific, deciding instead that "the question is a straightforward legal one regarding congressional intent as to the scope of the mineral reservation contained in the statute." 314 F.3d at 1090.
This case is of obvious interest to businesses holding interests in land patented under the Pittman Act. Because the Ninth Circuit’s ruling that sand and gravel are "valuable minerals" may be applied to other grants of federal land, the Supreme Court’s decision also may affect other businesses across the western United States that extract sand and gravel or rely on their abundant supply for construction projects.
18 December 2003
On November 3, 2003, the Supreme Court granted certiorari in three cases of potential interest to the business community, two of which were consolidated. Amicus briefs in support of the petitioners were due on Thursday, December 18, 2003, and amicus briefs in support of the respondents are due on Thursday, January 22, 2004.
2. Administrative Procedure Act . Federal Court Authority to Compel Agency Action . Public Lands. Section 706(1) of the Administrative Procedure Act ("APA") authorizes judicial review "to compel agency action unlawfully withheld or unreasonably delayed." 5 U.S.C. § 706(1). The Supreme Court granted certiorari in Norton v. Southern Utah Wilderness Alliance, No. 03-101, to determine whether this provision allows courts to review the adequacy of an agency’s day-to-day management of public lands under statutory standards and the agency’s own land use plans.
The plaintiffs, a group of environmental organizations, sued the Bureau of Land Management under Section 706(1), alleging that the Bureau had violated the Federal Land Policy and Management Act ("FLPMA"), 43 U.S.C. § 1701 et seq., and the National Environmental Policy Act ("NEPA"), 42 U.S.C. § 4321 et seq., by failing properly to regulate the use of off-road vehicles in "Wilderness Study Areas." Under the FLPMA, the Bureau may classify public lands as Wilderness Study Areas, which Congress later may designate for wilderness preservation; until Congress affirmatively declares or rejects a Study Area as protected wilderness, the Bureau must manage the area "so as not to impair [its] suitability * * * for preservation." 43 U.S.C. § 1782(c). The environmental groups sought an injunction compelling the Bureau to implement provisions of its land use plans relating to the use of off-road vehicles in Wilderness Study Areas and to take a "hard look" under the NEPA at whether the agency should prepare supplemental environmental impact statements for areas affected by increased use of such vehicles.
The district court granted the Bureau’s motion to dismiss for lack of subject matter jurisdiction, reasoning that, as long as an agency is taking some steps toward fulfilling its mandatory, nondiscretionary duties, its actions are not subject to judicial review under Section 706(1). Southern Utah Wilderness Alliance v. Babbitt, No. 99-CV-852, 2000 WL 33914094 (D. Utah Dec. 22, 2000). The court also held that Section 706(1) does not provide a basis for challenging the Bureau’s alleged failure to implement provisions of its land use plans, and that the Bureau does not have a clear duty under the NEPA to consider whether to supplement its prior environmental impact statements.
A divided panel of the Tenth Circuit reversed and remanded the case for consideration on the merits, holding that the environmental groups could challenge the Bureau’s management of the Wilderness Study Areas under Section 706(1). Southern Utah Wilderness Alliance v. Norton, 301 F.3d 1217 (10th Cir. 2002). In the court’s view, the Bureau has a mandatory, nondiscretionary duty under the FLPMA not to impair the suitability of those regions for designation as protected wilderness . a duty that is therefore enforceable under Section 706(1). Id. at 1229, 1233. The Tenth Circuit also concluded that the district court had subject matter jurisdiction to consider claims that the Bureau had violated its own land-use plans (id. at 1235) and that the district court had erred in holding that the environmental groups had failed to state a valid claim under the NEPA (id. at 1236-40). Judge McKay dissented in part, opining that Section 706(1) should not become a jurisdictional vehicle for programmatic attacks on day-to-day agency operations. Id. at 1242-43. In the dissent’s view, that section authorizes challenges to true administrative inaction, but does not allow judicial review of agency efforts that allegedly do not satisfy completely the agency’s statutory obligations. Id. at 1243.
This case most concretely affects businesses having interests relating to the government’s management of public lands. Because the Supreme Court may clarify the circumstances under which any agency may be judicially compelled to comply with statutory obligations in the conduct of its day-to-day operations, however, this case also may affect many other businesses subject to ongoing regulatory oversight.
United States: Supreme Court Docket Report, October Term, 2003 – Number 1
3. Mineral Rights . Pittman Act . Reservation to United States of Rights to Sand and Gravel. The Pittman Underground Water Act of 1919 (the "Pittman Act"), 43 U.S.C. §§ 351-359 (repealed 1964), authorized grants, or "patents," of up to 640 acres of federal public land in Nevada to applicants who successfully developed underground water sources, but required that such patents reserve to the United States "all the coal and other valuable minerals" on the patented land. The Supreme Court granted certiorari in BedRoc Ltd., LLC v. United States, No. 02-1593, to decide whether the statutory reservation of "valuable minerals" includes common materials such as sand and gravel that had no market value when the patent was issued.
In 1940, Newton and Mabel Butler secured a patent under the Pittman Act for 560 acres in Lincoln County, Nevada. At that time, there was no local market for the abundant sand and gravel on the property. In the early 1990s, after the growth of the city of Las Vegas created demand for the material, the lessee of a successor owner began to extract and sell sand and gravel from the property. Petitoner BedRoc Limited, LLC, acquired the property in 1995 and has continued the sand and gravel operation.
On March 26, 1993, the Bureau of Land Management ("BLM") issued a trespass notice to then-owner Earl Williams, claiming that the sand and gravel on the property were reserved to the United States. Shortly thereafter, the BLM issued a decision finding Williams in trespass, and in 1997 the Interior Board of Land Appeals ("IBLA") affirmed. Earl Williams, 140 I.B.L.A. 295 (1997). BedRoc and Williams brought an action to quiet title in federal district court. The district court granted summary judgment to the United States, ruling that sand and gravel are "valuable materials" reserved to the United States under the Pittman Act. 50 F. Supp. 2d 1001 (D. Nev. 1999).
The Ninth Circuit affirmed. 314 F.3d 1080 (2002). Concluding that the statutory text is ambiguous, the court turned to legislative history and other sources to determine whether Congress intended to include sand and gravel within the reservation of "valuable minerals." As evidence that it did, the court cited congressional debate indicating that all minerals were reserved (id. at 1087-1088), and pointed to contemporaneous federal publications describing sand and gravel as among the country’s "mineral resources" (id. at 1088-1089). The court also relied on Watt v. Western Nuclear, Inc., 462 U.S. 36, 103 (1983), in which the Supreme Court determined that gravel was reserved to the United States in grants made under the Stock-Raising Homestead Act, which was enacted three years before the Pittman Act. The court rejected BedRoc’s argument that the question whether sand and gravel were "valuable minerals" was factual and site-specific, deciding instead that "the question is a straightforward legal one regarding congressional intent as to the scope of the mineral reservation contained in the statute." 314 F.3d at 1090.
This case is of obvious interest to businesses holding interests in land patented under the Pittman Act. Because the Ninth Circuit’s ruling that sand and gravel are "valuable minerals" may be applied to other grants of federal land, the Supreme Court’s decision also may affect other businesses across the western United States that extract sand and gravel or rely on their abundant supply for construction projects.
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