FLE
U.S. can open private mail in terrorism fight
U.S. officials can open personal mail arriving from abroad as part of the fight against terrorism, and do so when they deem it necessary to protect the country, a Customs and Border Protection spokeswoman said on Monday. News of the little-known practise follows revelations that the government approved eavesdropping on U.S. citizens without judicial oversight after the September 11 attacks, which sparked concern from civil liberties advocates and some lawmakers who called for congressional hearings. "Customs and Border Protection is charged with making sure that terrorists and terrorists' weapons don't enter the country," said Suzanne Trevino, a spokeswoman for the customs agency, which is part of the Department of Homeland Security. "One of our areas of responsibility is to inspect international mail coming into our country," she said. "We respect privacy and always keep that at the forefront, but at the same time we need to make sure we do our job in keeping U.S. citizens safe." Customs and Border Protection's web site notes that "all mail originating outside United States Customs territory that is to be delivered inside U.S. Customs territory is subject to Customs examination." Grant Goodman, an 81-year-old retired University of Kansas history professor, drew attention to the policy after a letter he received from a colleague in the Philippines was opened and resealed by Customs and Border Protection, and only then sent on to him....
Judges Just Briefed on Surveillance Plans
The federal judges who were bypassed when the Bush administration ordered warrantless wiretaps in the United States received a secret briefing Monday on details of the surveillance. Separately, a former FBI director and other lawyers questioned whether the surveillance is legal. The classified briefing at the Justice Department had been requested by U.S. District Judge Colleen Kollar-Kotelly, presiding judge on the Foreign Intelligence Surveillance Act court. Established by Congress in the late 1970s, the court oversees the government's handling of espionage and terrorism investigations. U.S. District Judge James Robertson last month resigned from the FISA court and other judges voiced concerns about the National Security Agency's electronic surveillance program, which President Bush authorized after the Sept. 11, 2001 terror attacks. Gen. Michael Hayden, the principal deputy director of national intelligence, was among administration officials who attended the briefing. Hayden served as NSA director when the electronic surveillance program was launched and has since become the government's No. 2 intelligence official. Details of the program remain highly classified....
Report Rebuts Bush on Spying
A report by Congress's research arm concluded yesterday that the administration's justification for the warrantless eavesdropping authorized by President Bush conflicts with existing law and hinges on weak legal arguments. The Congressional Research Service's report rebuts the central assertions made recently by Bush and Attorney General Alberto R. Gonzales about the president's authority to order secret intercepts of telephone and e-mail exchanges between people inside the United States and their contacts abroad. The findings, the first nonpartisan assessment of the program's legality to date, prompted Democratic lawmakers and civil liberties advocates to repeat calls yesterday for Congress to conduct hearings on the monitoring program and attempt to halt it. The 44-page report said that Bush probably cannot claim the broad presidential powers he has relied upon as authority to order the secret monitoring of calls made by U.S. citizens since the fall of 2001. Congress expressly intended for the government to seek warrants from a special Foreign Intelligence Surveillance Court before engaging in such surveillance when it passed legislation creating the court in 1978, the CRS report said. The report also concluded that Bush's assertion that Congress authorized such eavesdropping to detect and fight terrorists does not appear to be supported by the special resolution that Congress approved after the Sept. 11, 2001, terrorist attacks, which focused on authorizing the president to use military force. "It appears unlikely that a court would hold that Congress has expressly or impliedly authorized the NSA electronic surveillance operations here," the authors of the CRS report wrote. The administration's legal justification "does not seem to be . . . well-grounded," they said....
Gonzales' testimony eyed for hearing on surveillance
The chairman of the Senate Judiciary Committee yesterday said he has asked Attorney General Alberto R. Gonzales to testify during open hearings on the legality of the Bush administration's domestic surveillance program. Sen. Arlen Specter, Pennsylvania Republican and Judiciary chairman, said Mr. Gonzales' testimony is being sought for the hearings, scheduled for early February, because he is the principal spokesman for the administration's position. The attorney general was White House counsel when Mr. Bush initiated the program, a role that could raise issues of attorney-client privilege in seeking his testimony. A message left with the Justice Department yesterday was not immediately returned. Asked on CBS' "Face the Nation" whether Mr. Gonzales had agreed to appear, Mr. Specter said, "Well, I didn't ask him if he had agreed. I told him we were holding the hearings, and he didn't object. I don't think he has a whole lot of choice on testifying." Sen. Charles E. Schumer, New York Democrat, called for former Attorney General John Ashcroft and former Deputy Attorney General James B. Comey to testify at the hearings. "It would render these hearings useless and prevent the American people from getting to the bottom of this if the administration invoked executive privilege," Mr. Schumer, a Judiciary Committee member, said in a statement. Academics and others will be asked to appear, part of a list of witnesses "who think the president was right and people who think the president was wrong," Mr. Specter said....
NSA chief not concerned by congressional inquiries
The head of the National Security Agency told employees last month that NSA officials had not violated U.S. law by participating in an agency program that eavesdrops on U.S. citizens without judicial oversight, newly released documents show. "Media coverage surmises that administration and agency officials may have acted unlawfully -- notions I reject, categorically!" NSA Director Lt. Gen. Keith Alexander assured agency employees in a December 22 message. He acknowledged that Congress may schedule hearings on the domestic spying program, which President George W. Bush authorized in 2002 to eavesdrop on Americans' telephone calls and e-mails without first obtaining warrants. "Overall, we are not concerned," the NSA director said. "Our operations are carefully deliberated and measured; they are within the law; and they are nobly executed with strict oversight." The December 22 message, and an earlier one in which Alexander cautioned staff not to comment to the media, were released by the NSA in response to a Freedom of Information Act request from The New York Times, which first reported the program's existence last month....
The Wisdom in Wiretaps
The Bush Administration's use of warrantless wiretaps in the war on terrorism continues to generate controversy, and Congress is planning hearings. Some of the loopier elements of the Democratic Party have even suggested the wiretaps are grounds for impeachment. But the more we learn about the practice, the clearer it is that the White House has been right to employ and defend it. The issue is not about circumventing normal civilian Constitutional protections, after all. The debate concerns surveillance for military purposes during wartime. No one would suggest the President must get a warrant to listen to terrorist communications on the battlefield in Iraq or Afghanistan. But what the critics are really insisting on here is that the President get a warrant the minute a terrorist communicates with an associate who may be inside in the U.S. That's a loophole only a terrorist could love. To the extent the President's critics are motivated by anything other than partisanship, their confusion seems to involve a 1978 law called the Foreign Intelligence Surveillance Act. FISA provides a mechanism by which the executive can conduct warrant-approved surveillance under certain circumstances. But FISA covers only a limited number of intelligence-gathering scenarios. And no Administration -- Democrat or Republican -- has recognized FISA as a binding limit on executive power. Jimmy Carter's Attorney General, Griffin Bell, emphasized when FISA passed that the law "does not take away the power of the President under the Constitution." And in the 1980 case of United States v. Truong, the Carter Administration successfully argued its authority to have conducted entirely domestic, warrantless wiretaps of a U.S. citizen and a Vietnamese citizen who had been passing intelligence to the North Vietnamese during the 1970s Paris peace talks. In 1994, Deputy Attorney General Jamie Gorelick also asserted an "inherent authority" not just to warrantless electronic surveillance but to "warrantless physical searches," too. The close associate of Hillary Rodham Clinton told Congress that much intelligence gathering couldn't be conducted within the limits placed on normal criminal investigations -- even if you wanted to for the sake of appearances. For example, she added, "it is usually impossible to describe the object of the search in advance with sufficient detail to satisfy the requirements of the criminal law."....
The FISA Farce
President Bush proudly announced last month that he is violating federal law. He declared that in 2002 he ordered the National Security Agency to begin conducting warrantless wiretaps and email intercepts on Americans. He asserted that the wiretaps would continue, regardless of the law. Bush claims that he must ignore the law because the secret federal court created to authorize such wiretaps moves too slowly to protect U.S. national security. Amazingly, his claim has been treated with respect, if not deference, by much of the nation’s media. Much of the media has groveled to his claim the same way that the special court grovels to federal agencies. In 1978, responding to scandals about political spying on Americans in the name of counterespionage, Congress passed the Foreign Intelligence Surveillance Act (FISA). FISA created a new “court” to oversee federal surveillance of foreign agents within the United States. The FISA court may be the biggest bunch of lapdogs in the federal government. The court approved almost every one of the 15,000 search warrant requests the feds submitted between 1978 and 2002, and it continues to approve more than 99 percent of requests. FISA provides a judicial process only in the sense that the room where the political appointees convene is called a “court.” As national security expert James Bamford observed, “Like a modern Star Chamber, the FISA court meets behind a cipher-locked door in a windowless, bug-proof, vault-like room guarded 24 hours a day on the top floor of the Justice Department building. The eleven judges (increased from seven by the Patriot Act) hear only the government’s side.” Federal agencies can submit retroactive search warrant requests up to 72 hours after they begin surveilling someone. In 2002, for instance, Attorney General John Ashcroft personally issued more than 170 emergency domestic spying warrants — permitting agents to carry out wiretaps and search homes and offices for as many as 72 hours before the feds requested a search warrant from the FISA court. He used such powers almost a 100 times as often as attorneys general did before 9/11....
Poll: Most Want Court OK for Gov't Taps
A majority of Americans want the Bush administration to get court approval before eavesdropping on people inside the United States, even if those calls might involve suspected terrorists, an AP-Ipsos poll shows. Over the past three weeks, President Bush and top aides have defended the electronic monitoring program they secretly launched shortly after Sept. 11, 2001, as a vital tool to protect the nation from al-Qaida and its affiliates. Yet 56 percent of respondents in an AP-Ipsos poll said the government should be required to first get a court warrant to eavesdrop on the overseas calls and e-mails of U.S. citizens when those communications are believed to be tied to terrorism. Agreeing with the White House, some 42 percent of those surveyed do not believe the court approval is necessary. "We're at war," Bush said during a New Year's Day visit to San Antonio. "And as commander in chief, I've got to use the resources at my disposal, within the law, to protect the American people. ... It's a vital, necessary program." According to the poll, age matters in how people view the monitoring. Nearly two-thirds of those between age 18 to 29 believe warrants should be required, while people 65 and older are evenly divided. Party affiliation is a factor, too. Almost three-fourths of Democrats and one-third of Republicans want to require court warrants....
Your phone records are for sale
The Chicago Police Department is warning officers their cell phone records are available to anyone -- for a price. Dozens of online services are selling lists of cell phone calls, raising security concerns among law enforcement and privacy experts. Criminals can use such records to expose a government informant who regularly calls a law enforcement official. Suspicious spouses can see if their husband or wife is calling a certain someone a bit too often. And employers can check whether a worker is regularly calling a psychologist -- or a competing company. The Chicago Police Department is looking into the sale of phone records, a source said. Late last month, the department sent a warning to officers about Locatecell.com, which sells lists of calls made on cell phones and land lines. "Officers should be aware of this information when giving out their personal cell phone numbers to the general public," the bulletin said. "Undercover officers should also be aware of this information if they occasionally call personal numbers such as home or the office, from their [undercover] ones." To test the service, the FBI paid Locatecell.com $160 to buy the records for an agent's cell phone and received the list within three hours, the police bulletin said. Representatives of Data Find Solutions Inc., the Tennessee-based operator of Locatecell.com, could not be reached for comment. Frank Bochte, a spokesman for the FBI in Chicago, said he was aware of the Web site. "Not only in Chicago, but nationwide, the FBI notified its field offices of this potential threat to the security of our agents, and especially our undercover agents," Bochte said. "We need to educate our personnel about the dangers posed by individuals using this site and others like it. We are stressing that they should be careful in their cellular use."....
Tuesday, January 10, 2006
NEWS ROUNDUP
Surface-use compensation issue resurfaces in legislature In a surface use showdown, two coalitions are working on separate solutions to the problem of the landowner impacts of oil and gas development. State Rep. Kathleen Curry, D-Gunnison, is preparing to introduce new surface-use legislation following the failure of a bill she carried last year. The state legislature goes into session on Wednesday. Meanwhile, the energy industry is working with agriculture interests in hopes of pursuing their own legislation. “We’re I think getting close to some things but no bill has been finalized yet,” said Calvin Roberts, a rancher outside New Castle who sits on the Colorado Farm Bureau board of directors. The Colorado Livestock Association, Colorado Wool Growers Association, Colorado Cattlemen’s Association and Colorado Association of Wheat Growers are working with the Colorado Oil & Gas Association on a draft bill. Curry said she doesn’t think such a measure meets the needs of landowners, and she is committed to run her own bill. Her measure last year was defeated in the House Agriculture, Livestock and Natural Resources Committee, which Curry chairs. Her new measure has been drafted by a coalition that includes associations representing homebuilders and Realtors, and several environmental organizations, including the Grand Valley Citizens Alliance, based in Garfield County....
Gold's rise revives desire to mine Buckhorn Six years ago, plans to extract more than a million ounces of gold from Buckhorn Mountain — one of the biggest and most controversial mining proposals in state history — collapsed amid opposition by state regulators, environmental groups and neighbors. Now a Canadian firm is floating a new plan for mining the mountain, propelled in part by a worldwide gold rush that has pushed prices to more than $500 an ounce — the highest in almost 25 years. Kinross Gold, the seventh-largest gold producer in the world, is offering a very different — and it says, environmentally cleaner — plan than the earlier, contentious Crown Jewel mine. Instead of blasting away the top of the 5,500-foot-high mountain and leaving behind a vast open pit, Kinross says it will operate a smaller, underground mine....
Judge stops timber sales A federal judge in Seattle has halted more than 140 Northwest timber sales -- about half of them slated for increasingly rare mature or old-growth forests. Over the next two years, the order Monday by U.S. District Judge Marsha Pechman could stop the cutting of up to 289 million board feet of timber. That represents more than half the annual cut coming out of the region's national forests, according to a lawyer for environmentalists. Pechman had previously rejected the Bush administration's policy that made it no longer necessary to look for rare plants and animals before letting loose the chain saws. The timber industry contends that the surveys for about 300 rare plants and animals were never required by law or authorized by regulation. The industry is now considering reinstating a lawsuit that aimed to have the requirement declared illegal, said Chris West of the American Forest Resources Council. "We're not surprised, but we're disappointed (that the judge) went as far as she did, because she didn't distinguish between the projects that have nothing to do with old growth" and those that do, West said. "She did a meat-ax approach."....
New Uses for Glut of Small Logs From Thinning of Forests Slowly, however, the small-diameter movement, helped along by federal grants and Forest Service research, is helping to find new uses for smaller trees, like heating schools and hospitals and construction materials, including particle board, flooring and laminated beams. Peter Stark of Missoula, a freelance writer, wanted to thin his 80 acres of forest clogged with downed timber and crowded trees to prevent a fire but could not afford to do it, since clearing usually costs $300 to $1,000 an acre. He eventually found someone to remove the trees, most six or seven inches across, and the money he was paid for them covered the cost of thinning. At the same time, he was building a dance floor for his wife, Amy Ragsdale, who teaches dance at the University of Montana. Shocked at the cost of hardwood, Mr. Stark realized that he might be able to turn the waste trees into flooring. Mr. Stark bought back 25 tons of the larch trees and found a custom sawmill that could handle small diameters to turn them into tongue-and-groove flooring. The floor turned out so well that Mr. Stark formed a company, North Slope Sustainable Wood, with two partners, to market small diameter larch, the hardest of the soft woods, from forests being thinned. He sees such activity as a solution to the controversy over logging in Western forests....
Conservation Groups Challenge Heliskiing Plan A coalition of concerned citizens and conservation groups today filed a lawsuit in Idaho federal court challenging the U.S. Forest Service’s issuance of a permit that would dramatically increase the amount of commercial helicopter skiing allowed in a Wilderness Study Area on the Caribou-Targhee and Bridger-Teton National Forests. “We are fortunate to live in a region where there are still wild places that allow people to get away from it all, and where wildlife that is extinct in the rest of the country still maintains a toehold,” said Mark Poe, an attorney for Earthjustice, the law firm representing the plaintiffs. “If the Forest Service plan is carried out, we will have one fewer such place.” The helicopter skiing, or “heliskiing,” activity would be centered in the Palisades portion of the Snake River Range that spans the Idaho-Wyoming border between Jackson Hole, Wyoming and the Swan Valley in Idaho. Congress has designated the majority of the Palisades a Wilderness Study Area. Under the permit, a single commercial heliskiing company based in Jackson Hole would have exclusive use of the Palisades for up to 1,200 skier-days of service every winter for the next decade....
Grizzly delisting divides greens People in and around Wyoming are staking their ground over the federal government's proposal to remove grizzly bears from Endangered Species Act protection. Even as the U.S. Fish and Wildlife Service plans public open houses this week to gather input, conservation groups are divided. The National Parks Conservation Association came forward with an opinion last week, allying itself with other conservation groups that contend the scientific and legal requirements have been met to merit delisting of the grizzly. Still, Tim Stevens, Yellowstone program manager for the association's regional northern Rockies office, said the group still believes there are "pervasive threats" to the recovery of the grizzly, primarily in the form of secure funding and habitat. The group also wants to make sure future management of the grizzly is driven by the most accurate science....
Supreme Court Rejects Challenge To Buffers Around Salmon Streams The U.S. Supreme Court has refused to hear an appeal of a ruling that banned the use of pesticides around Western salmon streams. "We're very happy," Patti Goldman, an attorney with the environmental law firm Earthjustice, said Monday. "There have been many attempts by the chemical industry and the growers to get rid of the buffers; we now know they will remain in place." In January 2004, two years after finding that the Environmental Protection Agency had failed to consider the effect of pesticides on protected salmon, U.S. District Judge John C. Coughenour in Seattle imposed a 100-yard buffer for aerial spraying and a 20-yard buffer for ground application of three dozen pesticides, from agricultural sprays to household weed-killers. His injunction also required that stores selling pesticides in 500 communities in the West post warnings about the potential effect of seven common pesticides on salmon and steelhead. The signs read: "SALMON HAZARD. This product contains pesticides which may harm salmon and steelhead. Use of this product in urban areas can pollute salmon streams." The judge's conditions will remain in effect until the EPA comes up with rules governing the use of pesticides around the streams in question....
Group rips agency for Mojave policies An environmental watchdog group claims a federal agency has failed to protect such sensitive species as the desert tortoise in the Mojave Desert while focusing on off-road-vehicle activities. The Center for Biological Diversity in Tucson, Ariz., says federal rangers assigned to the Barstow office of the Bureau of Land Management are devoting excessive time to off-roaders at places like the Dumont Dunes north of Baker, Johnson and Stoddard valleys south of Barstow, and El Mirage dry lake near Adelanto. "(Meanwhile), sensitive areas with high natural-resource and wilderness values receive scant attention," said ecologist Daniel Patterson, the center's desert program director. "We believe BLM rangers . . . devote an inordinate amount of time and resources to patrol and enforcement activities within (these) designated off-road-vehicle open areas." He said rangers focus on vehicle registration, drug activity and public safety in the areas, which contain critical habitat for various endangered animals and plants....
Bone-dry winter is bad news Zeroes dominate the year's first report on Arizona's snowpack, a crucial element of the state's water supply. Except for the tippy top of the state's highest peaks, there's no snow to measure, according to the Natural Resources Conservation Service, the federal agency that monitors 38 sites across Arizona's high country. In Flagstaff, only a trace of snow has fallen this winter. The city's first measurable snow has never occurred this late since record-keeping began in 1898, according to the National Weather Service. Over the past 15 years, there's always been at least some snow at the North Rim of the Grand Canyon on Jan. 1, even during years of extreme drought. But as 2006 began, the ground there was bare. "It looks like we're going back into the drought," said Larry Martinez, a water supply specialist with the conservation service. Ranchers and farmers who depend on stream diversions will feel the effects of a dry winter this spring, he said....
Hunting for reasons more elusive every year Riding home from a deer hunting trip to Oregon's Ochoco Mountains, the teenage boy answered his ringing cell phone, paused, then said, "I've been at a family gathering in Eastern Oregon." After he clicked off his phone, the boy glanced at his dad, sighed and said, "It's just easier that way." So it is. Hunting and fishing are declining in Oregon because it's easier to skip the whole hassle -- the rising costs of licenses and tags, the phone-book-thick regulations, the blizzard of no-trespassing signs, even the arguments with your non-hunting friends. Ask the thousands of Oregonians who stop hunting every year why they gave up the sport, and many will answer that it just got too hard. Hard to justify the costs, which average more than $1,400 annually. Hard to navigate the complex regulations and limited-entry tag drawings, which break up hunting parties and keep many eager hunters at home every fall. Hard to find farmers, ranchers and other landowners who welcome hunters the way they used to....
Bolting from bovine bondage A curious drama played out in the wilderness two weeks ago when a helicopter rescue spared the lives of four heifers stranded near 12,000 feet in the high mountains near Aspen. The cattle were discovered by a backcountry skier who notified the owner. This set off a series of feeding forays where skiers carried flakes of hay bales on their backs and literally hand-fed the hungry bovines. These cattle were wild. There is no other word for it. They had evaded numerous roundup attempts by the rancher and his family, stubbornly and elusively sheltering in the rugged mountains that gave them their freedom, but which ironically assured their doom. The rancher who spent all fall searching for them said that the wild heifers were more evasive than the native elk herds he encountered. These heifers held a strain of wildness that came alive during a summer of grazing in the wilderness, removed from man and his barbed wire....
Cowboy country saying 'whoa!' to 'Brokeback' Ask one of the locals like Julie Greer how they feel in rural Wyoming about "Brokeback Mountain," the gay-cowboy movie, and you don't have to wait long to get a reaction. "Yeah, we're offended!" she shoots back. "Because they called those sheepherders cowboys." It doesn't get any worse than that. But a close second is to call a cowboy gay. Not that there's anything wrong with that (as Seinfeld says). Well, actually, they think there is, and they don't care if city slickers like it or not. If you want to see a cowboy get out of his saddle in a nanosecond, ask him if he is dating the guy on the next horse. "People are offended that nothing is sacred anymore," says Greer, who works at the Hyattville post office. "People are talking about it. They won't go to the theater to see it." You knew this movie wouldn't go over big in the Broken Back Mountain area of Wyoming, where the same families have worked the range for more than 100 years. "Almost everyone on the crick has been here for at least a couple of generations," says rancher Maurice Bush, whose grandfather arrived here in 1898. They are salt-of-the-earth people. They live quietly. They see more cattle than people. They scratch out a living in hard-bitten country. They are blue collar and Republican, and they mind their own business. So when "Brokeback Mountain" hit movie theaters around the United States, they wondered exactly how they got dragged into this thing....
‘Texas Ranch House’ saddles up in May Saddle up, we're headin' to the ranch! "Texas Ranch House" is the name of the upcoming edition of these addictive living-history reality shows. The cast will live as Texas settlers did in 1867. Some will be cowboys, some ranch foremen, some cooks, others family members. The show is set after the Civil War's end, so freed slaves may also play roles in the show. The show's official site says "our volunteers will be fully immersed in the inner workings of a ranch house: building corrals, rounding up and branding cattle, taming stallions, and preparing for a two week cattle drive -- all the while tending to the daily needs of themselves and their livestock." The site's FAQ also notes that children will be home-schooled, as was common on Texas ranches that were often far from formal schools. Interestingly, the FAQ also addresses guns, stating "Our participants will not be permitted to use guns. It is something of a myth that all cowboys carried guns, and in fact guns were banned from most early ranches because they terrified cattle and could cause stampedes. Our show is about living the life of real 1867 cowboys and ranchers, not movie gunslingers." "Texas Ranch House" was shot in the summer and fall of 2005, and will air beginning May 1. Check your local PBS stations for specifics....
It's All Trew: Canning remains popular throughout time As long as I can remember, my grandparents, parents and kinfolk gathered and canned fruit of all kinds. Whether wild-grown or tame, whether canned or frozen, special efforts were always made to save and preserve these crops. Fortunately, I married Ruth who has continued the practice as she was also raised with this tradition. One of my early growth accomplishments came when I was strong enough to carry a 10-pound sack of sugar from the car into our pantry. I felt like Tarzan as Superman had not been invented at the time. Boy, did we use the sugar during canning season. Another of my chores was taking a milk bucket to the cellar and fetching empty fruit jars back to the kitchen. That was how I learned the difference in pints, quarts and half-gallons. I just missed the era of green glass jars with glass or galvanized lids. Every jar we owned had Ball or Mason written across the bottom. I can remember when every burner on our stove was busy steaming jars or lids or heating bubbling pots of fruit....
Surface-use compensation issue resurfaces in legislature In a surface use showdown, two coalitions are working on separate solutions to the problem of the landowner impacts of oil and gas development. State Rep. Kathleen Curry, D-Gunnison, is preparing to introduce new surface-use legislation following the failure of a bill she carried last year. The state legislature goes into session on Wednesday. Meanwhile, the energy industry is working with agriculture interests in hopes of pursuing their own legislation. “We’re I think getting close to some things but no bill has been finalized yet,” said Calvin Roberts, a rancher outside New Castle who sits on the Colorado Farm Bureau board of directors. The Colorado Livestock Association, Colorado Wool Growers Association, Colorado Cattlemen’s Association and Colorado Association of Wheat Growers are working with the Colorado Oil & Gas Association on a draft bill. Curry said she doesn’t think such a measure meets the needs of landowners, and she is committed to run her own bill. Her measure last year was defeated in the House Agriculture, Livestock and Natural Resources Committee, which Curry chairs. Her new measure has been drafted by a coalition that includes associations representing homebuilders and Realtors, and several environmental organizations, including the Grand Valley Citizens Alliance, based in Garfield County....
Gold's rise revives desire to mine Buckhorn Six years ago, plans to extract more than a million ounces of gold from Buckhorn Mountain — one of the biggest and most controversial mining proposals in state history — collapsed amid opposition by state regulators, environmental groups and neighbors. Now a Canadian firm is floating a new plan for mining the mountain, propelled in part by a worldwide gold rush that has pushed prices to more than $500 an ounce — the highest in almost 25 years. Kinross Gold, the seventh-largest gold producer in the world, is offering a very different — and it says, environmentally cleaner — plan than the earlier, contentious Crown Jewel mine. Instead of blasting away the top of the 5,500-foot-high mountain and leaving behind a vast open pit, Kinross says it will operate a smaller, underground mine....
Judge stops timber sales A federal judge in Seattle has halted more than 140 Northwest timber sales -- about half of them slated for increasingly rare mature or old-growth forests. Over the next two years, the order Monday by U.S. District Judge Marsha Pechman could stop the cutting of up to 289 million board feet of timber. That represents more than half the annual cut coming out of the region's national forests, according to a lawyer for environmentalists. Pechman had previously rejected the Bush administration's policy that made it no longer necessary to look for rare plants and animals before letting loose the chain saws. The timber industry contends that the surveys for about 300 rare plants and animals were never required by law or authorized by regulation. The industry is now considering reinstating a lawsuit that aimed to have the requirement declared illegal, said Chris West of the American Forest Resources Council. "We're not surprised, but we're disappointed (that the judge) went as far as she did, because she didn't distinguish between the projects that have nothing to do with old growth" and those that do, West said. "She did a meat-ax approach."....
New Uses for Glut of Small Logs From Thinning of Forests Slowly, however, the small-diameter movement, helped along by federal grants and Forest Service research, is helping to find new uses for smaller trees, like heating schools and hospitals and construction materials, including particle board, flooring and laminated beams. Peter Stark of Missoula, a freelance writer, wanted to thin his 80 acres of forest clogged with downed timber and crowded trees to prevent a fire but could not afford to do it, since clearing usually costs $300 to $1,000 an acre. He eventually found someone to remove the trees, most six or seven inches across, and the money he was paid for them covered the cost of thinning. At the same time, he was building a dance floor for his wife, Amy Ragsdale, who teaches dance at the University of Montana. Shocked at the cost of hardwood, Mr. Stark realized that he might be able to turn the waste trees into flooring. Mr. Stark bought back 25 tons of the larch trees and found a custom sawmill that could handle small diameters to turn them into tongue-and-groove flooring. The floor turned out so well that Mr. Stark formed a company, North Slope Sustainable Wood, with two partners, to market small diameter larch, the hardest of the soft woods, from forests being thinned. He sees such activity as a solution to the controversy over logging in Western forests....
Conservation Groups Challenge Heliskiing Plan A coalition of concerned citizens and conservation groups today filed a lawsuit in Idaho federal court challenging the U.S. Forest Service’s issuance of a permit that would dramatically increase the amount of commercial helicopter skiing allowed in a Wilderness Study Area on the Caribou-Targhee and Bridger-Teton National Forests. “We are fortunate to live in a region where there are still wild places that allow people to get away from it all, and where wildlife that is extinct in the rest of the country still maintains a toehold,” said Mark Poe, an attorney for Earthjustice, the law firm representing the plaintiffs. “If the Forest Service plan is carried out, we will have one fewer such place.” The helicopter skiing, or “heliskiing,” activity would be centered in the Palisades portion of the Snake River Range that spans the Idaho-Wyoming border between Jackson Hole, Wyoming and the Swan Valley in Idaho. Congress has designated the majority of the Palisades a Wilderness Study Area. Under the permit, a single commercial heliskiing company based in Jackson Hole would have exclusive use of the Palisades for up to 1,200 skier-days of service every winter for the next decade....
Grizzly delisting divides greens People in and around Wyoming are staking their ground over the federal government's proposal to remove grizzly bears from Endangered Species Act protection. Even as the U.S. Fish and Wildlife Service plans public open houses this week to gather input, conservation groups are divided. The National Parks Conservation Association came forward with an opinion last week, allying itself with other conservation groups that contend the scientific and legal requirements have been met to merit delisting of the grizzly. Still, Tim Stevens, Yellowstone program manager for the association's regional northern Rockies office, said the group still believes there are "pervasive threats" to the recovery of the grizzly, primarily in the form of secure funding and habitat. The group also wants to make sure future management of the grizzly is driven by the most accurate science....
Supreme Court Rejects Challenge To Buffers Around Salmon Streams The U.S. Supreme Court has refused to hear an appeal of a ruling that banned the use of pesticides around Western salmon streams. "We're very happy," Patti Goldman, an attorney with the environmental law firm Earthjustice, said Monday. "There have been many attempts by the chemical industry and the growers to get rid of the buffers; we now know they will remain in place." In January 2004, two years after finding that the Environmental Protection Agency had failed to consider the effect of pesticides on protected salmon, U.S. District Judge John C. Coughenour in Seattle imposed a 100-yard buffer for aerial spraying and a 20-yard buffer for ground application of three dozen pesticides, from agricultural sprays to household weed-killers. His injunction also required that stores selling pesticides in 500 communities in the West post warnings about the potential effect of seven common pesticides on salmon and steelhead. The signs read: "SALMON HAZARD. This product contains pesticides which may harm salmon and steelhead. Use of this product in urban areas can pollute salmon streams." The judge's conditions will remain in effect until the EPA comes up with rules governing the use of pesticides around the streams in question....
Group rips agency for Mojave policies An environmental watchdog group claims a federal agency has failed to protect such sensitive species as the desert tortoise in the Mojave Desert while focusing on off-road-vehicle activities. The Center for Biological Diversity in Tucson, Ariz., says federal rangers assigned to the Barstow office of the Bureau of Land Management are devoting excessive time to off-roaders at places like the Dumont Dunes north of Baker, Johnson and Stoddard valleys south of Barstow, and El Mirage dry lake near Adelanto. "(Meanwhile), sensitive areas with high natural-resource and wilderness values receive scant attention," said ecologist Daniel Patterson, the center's desert program director. "We believe BLM rangers . . . devote an inordinate amount of time and resources to patrol and enforcement activities within (these) designated off-road-vehicle open areas." He said rangers focus on vehicle registration, drug activity and public safety in the areas, which contain critical habitat for various endangered animals and plants....
Bone-dry winter is bad news Zeroes dominate the year's first report on Arizona's snowpack, a crucial element of the state's water supply. Except for the tippy top of the state's highest peaks, there's no snow to measure, according to the Natural Resources Conservation Service, the federal agency that monitors 38 sites across Arizona's high country. In Flagstaff, only a trace of snow has fallen this winter. The city's first measurable snow has never occurred this late since record-keeping began in 1898, according to the National Weather Service. Over the past 15 years, there's always been at least some snow at the North Rim of the Grand Canyon on Jan. 1, even during years of extreme drought. But as 2006 began, the ground there was bare. "It looks like we're going back into the drought," said Larry Martinez, a water supply specialist with the conservation service. Ranchers and farmers who depend on stream diversions will feel the effects of a dry winter this spring, he said....
Hunting for reasons more elusive every year Riding home from a deer hunting trip to Oregon's Ochoco Mountains, the teenage boy answered his ringing cell phone, paused, then said, "I've been at a family gathering in Eastern Oregon." After he clicked off his phone, the boy glanced at his dad, sighed and said, "It's just easier that way." So it is. Hunting and fishing are declining in Oregon because it's easier to skip the whole hassle -- the rising costs of licenses and tags, the phone-book-thick regulations, the blizzard of no-trespassing signs, even the arguments with your non-hunting friends. Ask the thousands of Oregonians who stop hunting every year why they gave up the sport, and many will answer that it just got too hard. Hard to justify the costs, which average more than $1,400 annually. Hard to navigate the complex regulations and limited-entry tag drawings, which break up hunting parties and keep many eager hunters at home every fall. Hard to find farmers, ranchers and other landowners who welcome hunters the way they used to....
Bolting from bovine bondage A curious drama played out in the wilderness two weeks ago when a helicopter rescue spared the lives of four heifers stranded near 12,000 feet in the high mountains near Aspen. The cattle were discovered by a backcountry skier who notified the owner. This set off a series of feeding forays where skiers carried flakes of hay bales on their backs and literally hand-fed the hungry bovines. These cattle were wild. There is no other word for it. They had evaded numerous roundup attempts by the rancher and his family, stubbornly and elusively sheltering in the rugged mountains that gave them their freedom, but which ironically assured their doom. The rancher who spent all fall searching for them said that the wild heifers were more evasive than the native elk herds he encountered. These heifers held a strain of wildness that came alive during a summer of grazing in the wilderness, removed from man and his barbed wire....
Cowboy country saying 'whoa!' to 'Brokeback' Ask one of the locals like Julie Greer how they feel in rural Wyoming about "Brokeback Mountain," the gay-cowboy movie, and you don't have to wait long to get a reaction. "Yeah, we're offended!" she shoots back. "Because they called those sheepherders cowboys." It doesn't get any worse than that. But a close second is to call a cowboy gay. Not that there's anything wrong with that (as Seinfeld says). Well, actually, they think there is, and they don't care if city slickers like it or not. If you want to see a cowboy get out of his saddle in a nanosecond, ask him if he is dating the guy on the next horse. "People are offended that nothing is sacred anymore," says Greer, who works at the Hyattville post office. "People are talking about it. They won't go to the theater to see it." You knew this movie wouldn't go over big in the Broken Back Mountain area of Wyoming, where the same families have worked the range for more than 100 years. "Almost everyone on the crick has been here for at least a couple of generations," says rancher Maurice Bush, whose grandfather arrived here in 1898. They are salt-of-the-earth people. They live quietly. They see more cattle than people. They scratch out a living in hard-bitten country. They are blue collar and Republican, and they mind their own business. So when "Brokeback Mountain" hit movie theaters around the United States, they wondered exactly how they got dragged into this thing....
‘Texas Ranch House’ saddles up in May Saddle up, we're headin' to the ranch! "Texas Ranch House" is the name of the upcoming edition of these addictive living-history reality shows. The cast will live as Texas settlers did in 1867. Some will be cowboys, some ranch foremen, some cooks, others family members. The show is set after the Civil War's end, so freed slaves may also play roles in the show. The show's official site says "our volunteers will be fully immersed in the inner workings of a ranch house: building corrals, rounding up and branding cattle, taming stallions, and preparing for a two week cattle drive -- all the while tending to the daily needs of themselves and their livestock." The site's FAQ also notes that children will be home-schooled, as was common on Texas ranches that were often far from formal schools. Interestingly, the FAQ also addresses guns, stating "Our participants will not be permitted to use guns. It is something of a myth that all cowboys carried guns, and in fact guns were banned from most early ranches because they terrified cattle and could cause stampedes. Our show is about living the life of real 1867 cowboys and ranchers, not movie gunslingers." "Texas Ranch House" was shot in the summer and fall of 2005, and will air beginning May 1. Check your local PBS stations for specifics....
It's All Trew: Canning remains popular throughout time As long as I can remember, my grandparents, parents and kinfolk gathered and canned fruit of all kinds. Whether wild-grown or tame, whether canned or frozen, special efforts were always made to save and preserve these crops. Fortunately, I married Ruth who has continued the practice as she was also raised with this tradition. One of my early growth accomplishments came when I was strong enough to carry a 10-pound sack of sugar from the car into our pantry. I felt like Tarzan as Superman had not been invented at the time. Boy, did we use the sugar during canning season. Another of my chores was taking a milk bucket to the cellar and fetching empty fruit jars back to the kitchen. That was how I learned the difference in pints, quarts and half-gallons. I just missed the era of green glass jars with glass or galvanized lids. Every jar we owned had Ball or Mason written across the bottom. I can remember when every burner on our stove was busy steaming jars or lids or heating bubbling pots of fruit....
Monday, January 09, 2006
MAD COW DISEASE
Group: U.S. not protected against mad cow
Researchers and the nation's No. 1 burger seller say the government is not fully protecting animals or people from mad cow disease. Stronger steps are needed to keep infection from entering the food chain for cattle, the critics wrote in comments to the Food and Drug Administration. The group includes McDonald's Corp., seven scientists and experts and a pharmaceutical supplier, Serologicals Corp. The government proposed new safeguards two months ago, but researchers said that effort "falls woefully short" and would continue to let cattle eat potentially infected feed, the primary way mad cow disease is spread. "We do not feel that we can overstate the dangers from the insidious threat from these diseases and the need to control and arrest them to prevent any possibility of spread," the researchers wrote. McDonald's said the risk of exposure to the disease should be reduced to zero, or as close as possible. "It is our opinion that the government can take further action to reduce this risk," wrote company Vice President Dick Crawford....
Mad cow class action to continue
A $20B mad cow class action lawsuit pitting farmers against a feed grain company and the federal government can continue, an Ontario Superior Court judge has decided. Last week, Justice Warren Winkler dismissed a motion from Ottawa and feed grain manufacturer Ridley Inc. to quash the claim launched by an Ontario dairy cow owner on behalf of himself and about 100,000 cattle farmers. However, the judge did dismiss the farmers' claim against the majority owner of Ridley Inc. – Ridley Corporation Ltd., an Australian company. The damages claimed are in excess of $20 billion. The proposed class action in Ontario, Alberta, Saskatchewan and Quebec, was launched in April. The farmers allege the federal goverment and Ridley were negligent in allowing tainted cattle feed to be sold in Canada....
Korea likely to ease ban on U.S. beef
Korea and the United States began talks yesterday to discuss conditions for the resumption of American beef imports, government officials said. The two-day meeting is expected to cover outstanding issues related to Korea's reopening of its market to U.S. beef, they said. The negotiations come after Seoul virtually decided to resume imports of U.S. beef last month. Korea banned American beef shipments in December 2003 when a confirmed case of mad cow disease was reported in the United States. The Ministry of Agriculture and Forestry said both sides will outline their views on when the imports should resume and what cuts of beef should be allowed. Other issues that are expected to be discussed include the age of cattle that can be slaughtered to produce meat for the Korean market, the ministry said....
In Japan, American Beef Is Once Again on the Menu
At Yakiniku Den, a crowded restaurant in this western Japanese city, Kosei Ishishita and his family are getting their first taste in two years of American beef. "To be honest, I'm still not 100 percent confident that U.S. beef is safe," said Mr. Ishishita, a 32-year-old sushi chef. "Somewhere inside of me, I'm worried. But now that I've tasted it, I have to admit that I want to eat more." American beef is reappearing on Japanese tables and supermarket shelves for the first time since Tokyo banned it in December 2003 after the discovery of mad cow disease in a dairy cow in Washington State. Tokyo lifted the ban in mid-December after a food safety commission ruled that American safety measures were now adequate. So far, the reaction here to the first shipments of American beef has been mixed. While some restaurants and grocery stores have rushed to put it on sale, others have refused to serve it. At the same time, most Japanese say they remain concerned about safety. In a poll in early December by Kyodo News, 75.2 percent of respondents said they were unwilling to eat American beef. Winning back Japanese consumers is important for the American beef industry. Before the ban, American beef was popular here as a low-cost alternative to expensive Japanese beef, and this was the largest overseas market for American ranchers. In 2002, the last full year before Tokyo banned imports, Japan consumed 240,000 tons of American beef, according to the Ministry of Agriculture in Japan, about a quarter of all American beef exports....
History of human cannibalism eats away at researchers
In a new study published by the journal Genome Research, a team of scientists reports that ’mad cow’-like diseases have not been a major force in human history, nor have been cannibalistic rituals that are known to be associated with disease transmission. Prof. Jaume Bertranpetit, a scientist at the Universitat Pompeu Fabra, and his colleagues used a fresh set of genetic data to show that balancing selection associated with cannibalism has not been a major selective driving force on the prion protein gene, as has recently been proposed. Their work also has important scientific implications for researchers using a specific class of DNA markers called SNPs (single nucleotide polymorphisms) to examine genetic associations with diseases or to evaluate historical patterns of human migration. The prion protein gene (PRNP) encodes a protein that can abnormally fold and amass in brain tissues to cause fatal neurodegenerative diseases such as mad cow disease. These diseases are cumulatively known as transmissible spongiform encephalopathies (TSEs) and in humans, include CJD (Creutzfeldt-Jakob disease) and kuru. Kuru is confined to a human population in Papua-New Guinea and is transmitted by cannibalism at ritualistic mortuary feasts....
Impact Of Chronic Wasting Disease On Humans
Ralph M. Garruto, professor of biomedical anthropology at Binghamton University, State University of New York, is heading up a study to monitor the health implications of a group of people who are known to have consumed venison infected with Chronic Wasting Disease (CWD). Recently discovered in both wild and captive deer herds in New York, CWD is similar to mad cow disease in that it concentrates in the spinal cord and brain, and is caused by a virtually indestructible mutated protein called a prion: "We don't know if CWD can be transmitted to humans. So this group, some of whom we know for sure ate infected meat, offers us a unique opportunity. I'm hoping the study will allow us to determine if this disease can affect humans in the same way mad cow disease has been shown to cause neurological disease in those who consume infected beef." The study focuses on a group of people who attended a Sportman's feast in Verona, N.Y., in spring 2005....
Group: U.S. not protected against mad cow
Researchers and the nation's No. 1 burger seller say the government is not fully protecting animals or people from mad cow disease. Stronger steps are needed to keep infection from entering the food chain for cattle, the critics wrote in comments to the Food and Drug Administration. The group includes McDonald's Corp., seven scientists and experts and a pharmaceutical supplier, Serologicals Corp. The government proposed new safeguards two months ago, but researchers said that effort "falls woefully short" and would continue to let cattle eat potentially infected feed, the primary way mad cow disease is spread. "We do not feel that we can overstate the dangers from the insidious threat from these diseases and the need to control and arrest them to prevent any possibility of spread," the researchers wrote. McDonald's said the risk of exposure to the disease should be reduced to zero, or as close as possible. "It is our opinion that the government can take further action to reduce this risk," wrote company Vice President Dick Crawford....
Mad cow class action to continue
A $20B mad cow class action lawsuit pitting farmers against a feed grain company and the federal government can continue, an Ontario Superior Court judge has decided. Last week, Justice Warren Winkler dismissed a motion from Ottawa and feed grain manufacturer Ridley Inc. to quash the claim launched by an Ontario dairy cow owner on behalf of himself and about 100,000 cattle farmers. However, the judge did dismiss the farmers' claim against the majority owner of Ridley Inc. – Ridley Corporation Ltd., an Australian company. The damages claimed are in excess of $20 billion. The proposed class action in Ontario, Alberta, Saskatchewan and Quebec, was launched in April. The farmers allege the federal goverment and Ridley were negligent in allowing tainted cattle feed to be sold in Canada....
Korea likely to ease ban on U.S. beef
Korea and the United States began talks yesterday to discuss conditions for the resumption of American beef imports, government officials said. The two-day meeting is expected to cover outstanding issues related to Korea's reopening of its market to U.S. beef, they said. The negotiations come after Seoul virtually decided to resume imports of U.S. beef last month. Korea banned American beef shipments in December 2003 when a confirmed case of mad cow disease was reported in the United States. The Ministry of Agriculture and Forestry said both sides will outline their views on when the imports should resume and what cuts of beef should be allowed. Other issues that are expected to be discussed include the age of cattle that can be slaughtered to produce meat for the Korean market, the ministry said....
In Japan, American Beef Is Once Again on the Menu
At Yakiniku Den, a crowded restaurant in this western Japanese city, Kosei Ishishita and his family are getting their first taste in two years of American beef. "To be honest, I'm still not 100 percent confident that U.S. beef is safe," said Mr. Ishishita, a 32-year-old sushi chef. "Somewhere inside of me, I'm worried. But now that I've tasted it, I have to admit that I want to eat more." American beef is reappearing on Japanese tables and supermarket shelves for the first time since Tokyo banned it in December 2003 after the discovery of mad cow disease in a dairy cow in Washington State. Tokyo lifted the ban in mid-December after a food safety commission ruled that American safety measures were now adequate. So far, the reaction here to the first shipments of American beef has been mixed. While some restaurants and grocery stores have rushed to put it on sale, others have refused to serve it. At the same time, most Japanese say they remain concerned about safety. In a poll in early December by Kyodo News, 75.2 percent of respondents said they were unwilling to eat American beef. Winning back Japanese consumers is important for the American beef industry. Before the ban, American beef was popular here as a low-cost alternative to expensive Japanese beef, and this was the largest overseas market for American ranchers. In 2002, the last full year before Tokyo banned imports, Japan consumed 240,000 tons of American beef, according to the Ministry of Agriculture in Japan, about a quarter of all American beef exports....
History of human cannibalism eats away at researchers
In a new study published by the journal Genome Research, a team of scientists reports that ’mad cow’-like diseases have not been a major force in human history, nor have been cannibalistic rituals that are known to be associated with disease transmission. Prof. Jaume Bertranpetit, a scientist at the Universitat Pompeu Fabra, and his colleagues used a fresh set of genetic data to show that balancing selection associated with cannibalism has not been a major selective driving force on the prion protein gene, as has recently been proposed. Their work also has important scientific implications for researchers using a specific class of DNA markers called SNPs (single nucleotide polymorphisms) to examine genetic associations with diseases or to evaluate historical patterns of human migration. The prion protein gene (PRNP) encodes a protein that can abnormally fold and amass in brain tissues to cause fatal neurodegenerative diseases such as mad cow disease. These diseases are cumulatively known as transmissible spongiform encephalopathies (TSEs) and in humans, include CJD (Creutzfeldt-Jakob disease) and kuru. Kuru is confined to a human population in Papua-New Guinea and is transmitted by cannibalism at ritualistic mortuary feasts....
Impact Of Chronic Wasting Disease On Humans
Ralph M. Garruto, professor of biomedical anthropology at Binghamton University, State University of New York, is heading up a study to monitor the health implications of a group of people who are known to have consumed venison infected with Chronic Wasting Disease (CWD). Recently discovered in both wild and captive deer herds in New York, CWD is similar to mad cow disease in that it concentrates in the spinal cord and brain, and is caused by a virtually indestructible mutated protein called a prion: "We don't know if CWD can be transmitted to humans. So this group, some of whom we know for sure ate infected meat, offers us a unique opportunity. I'm hoping the study will allow us to determine if this disease can affect humans in the same way mad cow disease has been shown to cause neurological disease in those who consume infected beef." The study focuses on a group of people who attended a Sportman's feast in Verona, N.Y., in spring 2005....
United States Court of Appeals for the Federal Circuit
05-5047
JOHN B. GOODRICH, (doing business as Checkerboard Cattle Co.),
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee.
________________________
DECIDED: January 9, 2006
________________________
Before MICHEL, Chief Judge, LOURIE and LINN, Circuit Judges.
MICHEL, Chief Judge.
Rancher John B. Goodrich appeals the judgment of the United States Court of Federal Claims dismissing as time barred his claim alleging a Fifth Amendment taking of his water rights on federally-owned grazing land in Montana. Goodrich v. United States, 63 Fed. Cl. 477 (2005). The trial court held that Goodrich failed to file his claim within the six year statute of limitations prescribed by 28 U.S.C. § 2501. Id. at 481. Because the trial court correctly determined that the issuance of the Forest Service Record of Decision ("ROD") and final Environmental Impact Statement ("EIS") marked the accrual of Goodrich’s claim, we affirm.
I
Goodrich owns Checkerboard Cattle Co. ("CCC"). Since 1882, CCC cattle have grazed and watered in an area of what is now the Whitetail Allotment of the Lewis and Clark National Forest ("Lewis and Clark Forest"). When the Lewis and Clark Forest was created, the CCC ranch became a "federal lands" ranch, for which the federal government grants permits, assigned in terms of "animal unit months" ("AUMs"),1 to regulate grazing and foraging on public lands. See Pub. Lands Council v. Babbitt, 529 U.S. 728, 734-35 (2000). First preference for permits is given to ranchers who, like Goodrich, own adjacent "base property" sufficient to support their herds, and who had regularly grazed on the public land in question. Id. Although the land in the Lewis and Clark Forest is owned by the federal government, Goodrich alleges that he owns the right to exclusive use of the water flowing through the Whitetail Allotment under Montana state law and has filed thirty-nine Notices of Water Rights with the state to record those rights.
The Forest Service generally develops an allotment management plan ("AMP") to govern livestock operations on Forest Service lands. 43 U.S.C. §§ 1702(k), 1752(d). Any changes to an AMP must abide by the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq., which requires federal agencies to prepare an EIS for "every . . . major Federal action significantly affecting the quality of the human environment." 42 U.S.C. § 4332(2)(C).
In 1991, the Forest Service undertook a range analysis to determine whether any changes were needed to its AMP for the Lewis and Clark Forest. The Forest Service
1 One AUM is the right to obtain the forage needed to sustain one cow, or five sheep, for one month. See Pub. Lands Council v. Babbitt, 529 U.S. 728, 735 (2000).
05-5047 2
published a draft EIS in August 1995 outlining the environmental impact of each of the various proposals it was considering. Each of the alternatives involved moving cattle belonging to Joseph Kennedy from the Checkerboard Allotment of the Castle Mountains to the Whitetail Allotment of the Little Belt Mountains. Goodrich submitted comments opposing the proposal and pointed out that the current AMP for the Whitetail Allotment specified that the "current permittee", i.e. Goodrich, would receive any additional grazing use on the Allotment. Goodrich argued that, because CCC cattle also grazed in the Checkerboard Allotment, the Forest Service could both meet its environmental goals and maintain compliance with the current AMP by moving additional CCC cattle to the Whitetail Allotment. After considering Goodrich’s and other public comments, the Forest Service on February 27, 1997, issued a final EIS and a ROD adopting Alternative 10.2 The ROD section discussing Alternative 10 stated that "one permittee with 108 AUMs will be moved to the Whitetail Allotment." It does not mention Kennedy by name. The final EIS, however, confirmed that the "permittee" to be moved was Kennedy.3
2 Goodrich appealed the ROD pursuant to 36 C.F.R. § 215, and its legality was upheld by a Deputy Regional Forester on May 23, 1997. Goodrich continues to challenge the ROD in federal district court independent of these proceedings. Goodrich v. United States Forest Serv., No. 6:03cv22 (D. Mont. filed May 15, 2003). In a separate lawsuit, Goodrich is also seeking injunctive and declaratory relief based on allegations that the Forest Service actions violated the Fifth and Eighth Amendments. Goodrich v. United States Forest Serv., No. 6:03cv23 (D. Mont. filed May 20, 2003).
3 In his complaint, Goodrich alleged that the ROD "implemented ‘alternative 10’ of the FEIS, which provided among other things that 108 AUMs belonging to Mr. Kennedy would be moved" to the Whitetail Allotment. Goodrich subsequently filed errata replacing Kennedy’s name with the phrase "one permittee". In his brief to this court, Goodrich explicitly stated that "[t]he FEIS did not state who would get those 108 AUMs that were being moved from the allotment in the Castle Mountains to the Whitetail Allotment in the Little Belt Mountains." It thus appeared to the panel that the trial court committed clear factual error in finding that the final EIS named Kennedy as the party to be moved to the Whitetail Allotment. See Goodrich, 63 Fed. Cl. at 479. However, at oral argument, counsel for the government stated that the final EIS indeed referred to Kennedy by name. This court requested a copy of the final EIS to resolve
05-5047 3
, 11 F.3d 1573, 1584 (Fed. Cir. 1993) ("In establishing the predicate jurisdictional facts, a court is not restricted to the face of the pleadings, but may review evidence extrinsic to the pleadings."). A review of the final EIS reveals that not only does Alternative 10 state "Kennedy (108 AUMs) moved to Little Belt Mountains", but all eleven alternatives being considered by the Forest Service repeat this exact language. Goodrich thus misstated the content of the final EIS before both the trial court and this appellate court. As such, counsel for Goodrich was, at best, extremely careless in crafting its pleadings and appellate brief. the dispute. See Cedars-Sinai Med. Ctr. v. Watkins
Alternative 10 insofar as it concerned Kennedy’s cattle was not implemented for several years. In May 1998, the Forest Service sent Goodrich a letter stating that Kennedy’s cattle would not be run in the Whitetail Allotment "until 1999, at the earliest." Then, on April 25, 2000, Goodrich received official notice from the Forest Service that the portion of the 1997 ROD assigning grazing permits on the Whitetail Allotment to Kennedy would be implemented that grazing season, and on July 1, 2000, Kennedy’s cattle physically entered the Whitetail Allotment. Goodrich lost 79 AUMs in the Whitetail Allotment corresponding to the 79 AUMs issued to Kennedy (down from the original 108 AUMs transferred by the ROD).
On June 9, 2004, Goodrich filed suit in the United States Court of Federal Claims alleging that, by allowing another permittee to graze on the Whitetail Allotment, the United States effected a taking of his exclusive water rights in violation of the takings clause of the Fifth Amendment. The United States moved to dismiss Goodrich’s complaint as barred by the six-year statute of limitations provided by 28 U.S.C. § 2501, and the United States Court of Federal Claims granted the motion. The trial court categorized the alleged taking as regulatory and held that the February 28, 1997, issuance of the ROD and final EIS signaled the accrual of Goodrich’s takings claim. Goodrich, 63 Fed. Cl. at 480. Goodrich appealed to this court, which has jurisdiction under 28 U.S.C. § 1295(a)(3).
05-5047 4
II
A claim brought in the United States Court of Federal Claims must be filed within six years of its accrual date. 28 U.S.C. § 2501; Hopland Band of Pomo Indians v. United States, 855 F.2d 1573, 1576-77 (Fed. Cir. 1988). A claim accrues "when all the events have occurred which fix the liability of the Government and entitle the claimant to institute an action". Hopland, 855 F.2d at 1577. "Therefore, a claim under the Fifth Amendment accrues when that taking action occurs." Alliance of Descendants of Tex. Land Grants v. United States, 37 F.3d 1478, 1481 (Fed. Cir. 1994). However, the claim only accrues if the claimant "knew or should have known" that the claim existed. Kinsey v. United States, 852 F.2d 556, 557 n.* (Fed. Cir. 1988). Here, there is no question that Goodrich was aware of the claim. Thus, because Goodrich’s complaint was filed on June 9, 2004, it is timely only if the claim accrued on or after June 9, 1998.
Goodrich alleges a physical taking that accrued on July 1, 2000, when Kennedy’s cattle first entered the Whitetail Allotment for the grazing season. In the alternative, Goodrich asserts that the taking did not "stabilize" until April 25, 2000, when he received official notice from the Forest Service that the portion of Alternative 10 transferring the Kennedy livestock to the Whitetail Allotment would be implemented on July 1. Either date would bring him within the statute. In support of the latter assertion, Goodrich points to a January 2000 grazing proposal in which the Forest Service stated that Kennedy’s cattle would be moved "from the Castle[ Mountains] to the Upper Spring Creek allotment." In light of this subsequent document, Goodrich argues, it is clear that the 1997 ROD did not constitute a final decision. Goodrich further argues that an attempt to file a takings claim prior to the implementation of Alternative 10 would have
05-5047 5
been rejected as unripe because he had not yet suffered any harm. We address each of these arguments in turn.
A
Goodrich argues that the taking alleged is physical, i.e. a government appropriation of his water for the use of government agents, the Kennedy cattle. Although there is no controlling precedent in this case, we find this court’s earlier holding in Fallini v. United States, 56 F.3d 1378 (Fed. Cir. 1995), to be the closest analogue. The plaintiffs in Fallini, as in the present case, were cattle ranchers who argued that the government effected a taking by authorizing other animals to use water to which they enjoyed proprietary rights. Id. at 1379. The government action at issue in Fallini was the 1971 enactment of the Wild Free-Roaming Horses and Burros Act, 16 U.S.C. §§ 1331-40, intended by Congress to protect wild horses and burros on public lands. Id. at 1379-80. As this court stated in Fallini, the "proper focus for statute of limitations purposes is upon the time of the [defendant’s] acts, not upon the time at which the consequences of the acts became most painful." Id. at 1383 (quoting Del. State Coll. v. Ricks, 449 U.S. 250, 258 (1980) (emphasis added)). In other words, "[w]hat the Fallinis may challenge is what the government has done, not what the horses have done." Id. The Fallini court determined that the statute of limitations was triggered upon the enactment of the Wild Free-Roaming Horses and Burros Act. Id. Similarly, then, the statute of limitations period here commenced upon the Forest Service’s adoption of Alternative 10 in the ROD.
Goodrich urges this court to distinguish Fallini because, unlike wild horses, Kennedy’s cattle were permittees of the government, i.e. government "agents or instrumentalities", and thus fall expressly into a possible exception to the rule articulated
05-5047 6
in Fallini. See 56 F.3d at 1383 ("If the horses were agents or instrumentalities of the United States government, the analysis of what governmental action constituted the alleged taking might well be different."). This argument is not without some merit. However, it would stretch the definition of "agent" too far to include a mere permittee. Whereas an agent is acting on behalf of, and usually at the direction of, his principal, a permittee is granted the option, but not the obligation, to engage in certain activities. If Kennedy declined to graze his cattle on the Whitetail Allotment, the Forest Service could not force him to, as it could force actions of, for example, a government employee or contractor. As such, Kennedy’s cattle cannot reasonably be considered "agents or instrumentalities" of the government. Nor can Kennedy himself.
B
We reject Goodrich’s assertion that the January 2000 grazing proposal, under which Kennedy’s cattle "will be moved from the Castle[ Mountains] to the Upper Spring Creek Allotment", establishes that the February 1997 ROD did not constitute a final decision. First, we note that the January 2000 letter was merely a proposal, and was not subjected to the same lengthy process requirements as the previously-issued ROD.
Second, we find Goodrich’s reliance on the "stabilization principle" articulated by the Supreme Court in United States v. Dickinson, 331 U.S. 745 (1947), to be misplaced. Goodrich argues that, under Dickinson, the statute of limitations did not commence until the government actions became "stabilized"; here, in April 2000, when the Forest Service notified Goodrich that the portion of Alternative 10 transferring Kennedy’s cattle to the Whitetail Allotment would be implemented that July. Dickinson, however, is clearly distinguishable from the present case. In Dickinson, the government dammed the Kanawha River in West Virginia, raising the water level by successive stages and
05-5047 7
. flooding the petitioners’ land over a period of years. Id. at 746-47. The government never condemned the flooded land. Id. at 747-48. The Supreme Court held that, because the government failed to engage in "appropriate proceedings" which would have "fixed the time when the property was ‘taken’", the takings claim was not barred by the statute of limitations. Id. The Court’s main concern was the government’s failure to provide affected parties with notice of its action, and the Court explicitly limited its holding to situations where, rather than undertake proper administrative procedures, the government "bring[s] about a taking by a continuing process of physical events". Id. at 749. Here, the Forest Service followed exhaustive statutory and regulatory requirements, involving several years of investigation, analysis and involvement of affected parties before reaching its decision to adopt Alternative 10. It published formal documents providing all affected parties with notice of its decision. See 61 Fed. Reg. 12181 (March 14, 1997) (providing notice of availability of final EIS for Lewis and Clark Forest). The unqualified language of the ROD reinforces the finality of the government action: there is no conditional phrase such as "authorizing the implementation of" or "granting the option to implement" Alternative 10. Rather, Gloria E. Flora, the Forest Supervisor of the Lewis and Clark Forest, stated in the ROD that she had made a "decision to implement Alternative 10". The fact that it took the Forest Service several years to implement the Kennedy portion of Alternative 10 does not change the nature of the decision.4 Indeed, the government here followed the exact opposite approach compared to Dickinson
4 The ROD, in fact, explains that implementation will occur over several years. It states that reductions will first be implemented annually through "administrative non-use", and then will be further increased, as necessary, through "permit action".
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Moreover, Goodrich was extensively involved each step of the pre-decision process. As early as 1993, a CCC representative participated in Forest Service meetings in which the proposal to transfer Kennedy’s cattle to the Whitetail Allotment was discussed, and notified the Forest Service then that such a transfer would constitute an "uncompensated taking" of Goodrich’s water rights. Goodrich received a copy of the August 1995 draft EIS, and promptly submitted comments objecting to the proposal. Chapter X of the final EIS, which details public involvement in the decisionmaking process, named Goodrich as one of the parties who had expressed concern over the draft EIS. It is only reasonable to assume that, once the Forest Service reached its decision, Goodrich promptly reviewed both the ROD and Alternative 10 in the final EIS; he does not argue to the contrary. Thus, there is no indication that Goodrich was incapable of filing suit immediately upon accrual of his takings claim.
We liken the present case to cases in which this court has restated repeatedly its holding that a takings claim accrues upon the denial of a permit application. See, e.g., Seiber v. United States, 364 F.3d 1356, 1365 (Fed. Cir. 2004); Boise Cascade Corp. v. United States, 296 F.3d 1339, 1347 (Fed. Cir. 2002); Bayou Des Familles Dev. Corp. v. United States, 130 F.3d 1034, 1039 (Fed. Cir. 1997). A ROD issuance is even more clearly final than a permit denial, as a party may simply reapply for a permit or engage in negotiations with the permitting agency. In contrast, the ROD and final EIS are final agency statements of official position that are published only after years of analysis and consultation with affected parties. Given this court’s precedent with respect to permits, it is only logical to conclude that a ROD issuance would be sufficient to accrue a takings claim.
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The trial court supported its ruling that Goodrich’s claim accrued in February 1997, upon issuance of the ROD and final EIS, with case law from our sister circuits holding that, for purposes of the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701-06, a ROD is a "final agency action." See Franks v. Ross, 313 F.3d 184, 195 (4th Cir. 2002) (finding the ROD "signaled the end of the decisionmaking process"); Sw. Williams County Cmty. Ass’n, Inc. v. Slater, 173 F.3d 1033, 1036 (6th Cir. 1999) ("[A] final [EIS] or the [ROD] issued thereon constitute[s] final agency action."). We believe that the trial court’s analogy to APA cases is fitting, and hold that in a case like this a takings claim accrues upon the Forest Service’s issuance of a final EIS and ROD. Goodrich has presented no evidence that a higher body within the Forest Service could overturn the decision to grant AUMs at Whitetail to Kennedy, and thus all evidence supports our holding that the ROD and final EIS also constituted final agency action for purposes of a takings claim.
C
Goodrich further argues that, had he filed suit upon issuance of the ROD, his claim would have been dismissed as unripe because he had not yet suffered harm. On this point as well, Fallini is a useful but imperfect analogue, as the plaintiffs there suffered injury contemporaneously with the enactment of the Wild Free-Roaming Horses and Burros Act. In contrast, here, it took the Forest Service over three years to implement the portion of Alternative 10 transferring Kennedy’s cattle to the Whitetail Allotment.
As between issuance of the ROD and the actual physical appropriation by cattle of water, we believe the former is a better place to deem any taking occurred. First, the question of damages is discrete from the question of claim accrual. As the court in
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Fallini stated, the "obligation to sue" arises once the "permanent nature" of the government action is evident, regardless of whether damages are "complete and fully calculable". 56 F.3d at 1382-83. Second, as a practical matter, it will often be much easier for the parties to correct a wrongful taking if litigation is initiated before its effects are felt. If Goodrich was required to wait until Kennedy’s cattle appropriated his water, then it might be impractical, if not nearly impossible, to right the wrong. Thus, we conclude that the issuance of a ROD and final EIS is sufficient to constitute the taking and hence accrue a takings claim, regardless of when the consequences of the decisions contained therein are felt.
III
In sum, the Forest Service made its final decision to grant AUMs at Whitetail to Kennedy in February 28, 1997, when it issued its final EIS and ROD. Goodrich’s Fifth Amendment takings claim therefore accrued as of that date. Because Goodrich did not file his complaint until June 9, 2004, more than six years after the claim accrued, his cause of action is barred by the statute of limitations. The judgment of the United States Court of Federal Claims is therefore
AFFIRMED.
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05-5047
JOHN B. GOODRICH, (doing business as Checkerboard Cattle Co.),
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee.
________________________
DECIDED: January 9, 2006
________________________
Before MICHEL, Chief Judge, LOURIE and LINN, Circuit Judges.
MICHEL, Chief Judge.
Rancher John B. Goodrich appeals the judgment of the United States Court of Federal Claims dismissing as time barred his claim alleging a Fifth Amendment taking of his water rights on federally-owned grazing land in Montana. Goodrich v. United States, 63 Fed. Cl. 477 (2005). The trial court held that Goodrich failed to file his claim within the six year statute of limitations prescribed by 28 U.S.C. § 2501. Id. at 481. Because the trial court correctly determined that the issuance of the Forest Service Record of Decision ("ROD") and final Environmental Impact Statement ("EIS") marked the accrual of Goodrich’s claim, we affirm.
I
Goodrich owns Checkerboard Cattle Co. ("CCC"). Since 1882, CCC cattle have grazed and watered in an area of what is now the Whitetail Allotment of the Lewis and Clark National Forest ("Lewis and Clark Forest"). When the Lewis and Clark Forest was created, the CCC ranch became a "federal lands" ranch, for which the federal government grants permits, assigned in terms of "animal unit months" ("AUMs"),1 to regulate grazing and foraging on public lands. See Pub. Lands Council v. Babbitt, 529 U.S. 728, 734-35 (2000). First preference for permits is given to ranchers who, like Goodrich, own adjacent "base property" sufficient to support their herds, and who had regularly grazed on the public land in question. Id. Although the land in the Lewis and Clark Forest is owned by the federal government, Goodrich alleges that he owns the right to exclusive use of the water flowing through the Whitetail Allotment under Montana state law and has filed thirty-nine Notices of Water Rights with the state to record those rights.
The Forest Service generally develops an allotment management plan ("AMP") to govern livestock operations on Forest Service lands. 43 U.S.C. §§ 1702(k), 1752(d). Any changes to an AMP must abide by the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq., which requires federal agencies to prepare an EIS for "every . . . major Federal action significantly affecting the quality of the human environment." 42 U.S.C. § 4332(2)(C).
In 1991, the Forest Service undertook a range analysis to determine whether any changes were needed to its AMP for the Lewis and Clark Forest. The Forest Service
1 One AUM is the right to obtain the forage needed to sustain one cow, or five sheep, for one month. See Pub. Lands Council v. Babbitt, 529 U.S. 728, 735 (2000).
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published a draft EIS in August 1995 outlining the environmental impact of each of the various proposals it was considering. Each of the alternatives involved moving cattle belonging to Joseph Kennedy from the Checkerboard Allotment of the Castle Mountains to the Whitetail Allotment of the Little Belt Mountains. Goodrich submitted comments opposing the proposal and pointed out that the current AMP for the Whitetail Allotment specified that the "current permittee", i.e. Goodrich, would receive any additional grazing use on the Allotment. Goodrich argued that, because CCC cattle also grazed in the Checkerboard Allotment, the Forest Service could both meet its environmental goals and maintain compliance with the current AMP by moving additional CCC cattle to the Whitetail Allotment. After considering Goodrich’s and other public comments, the Forest Service on February 27, 1997, issued a final EIS and a ROD adopting Alternative 10.2 The ROD section discussing Alternative 10 stated that "one permittee with 108 AUMs will be moved to the Whitetail Allotment." It does not mention Kennedy by name. The final EIS, however, confirmed that the "permittee" to be moved was Kennedy.3
2 Goodrich appealed the ROD pursuant to 36 C.F.R. § 215, and its legality was upheld by a Deputy Regional Forester on May 23, 1997. Goodrich continues to challenge the ROD in federal district court independent of these proceedings. Goodrich v. United States Forest Serv., No. 6:03cv22 (D. Mont. filed May 15, 2003). In a separate lawsuit, Goodrich is also seeking injunctive and declaratory relief based on allegations that the Forest Service actions violated the Fifth and Eighth Amendments. Goodrich v. United States Forest Serv., No. 6:03cv23 (D. Mont. filed May 20, 2003).
3 In his complaint, Goodrich alleged that the ROD "implemented ‘alternative 10’ of the FEIS, which provided among other things that 108 AUMs belonging to Mr. Kennedy would be moved" to the Whitetail Allotment. Goodrich subsequently filed errata replacing Kennedy’s name with the phrase "one permittee". In his brief to this court, Goodrich explicitly stated that "[t]he FEIS did not state who would get those 108 AUMs that were being moved from the allotment in the Castle Mountains to the Whitetail Allotment in the Little Belt Mountains." It thus appeared to the panel that the trial court committed clear factual error in finding that the final EIS named Kennedy as the party to be moved to the Whitetail Allotment. See Goodrich, 63 Fed. Cl. at 479. However, at oral argument, counsel for the government stated that the final EIS indeed referred to Kennedy by name. This court requested a copy of the final EIS to resolve
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, 11 F.3d 1573, 1584 (Fed. Cir. 1993) ("In establishing the predicate jurisdictional facts, a court is not restricted to the face of the pleadings, but may review evidence extrinsic to the pleadings."). A review of the final EIS reveals that not only does Alternative 10 state "Kennedy (108 AUMs) moved to Little Belt Mountains", but all eleven alternatives being considered by the Forest Service repeat this exact language. Goodrich thus misstated the content of the final EIS before both the trial court and this appellate court. As such, counsel for Goodrich was, at best, extremely careless in crafting its pleadings and appellate brief. the dispute. See Cedars-Sinai Med. Ctr. v. Watkins
Alternative 10 insofar as it concerned Kennedy’s cattle was not implemented for several years. In May 1998, the Forest Service sent Goodrich a letter stating that Kennedy’s cattle would not be run in the Whitetail Allotment "until 1999, at the earliest." Then, on April 25, 2000, Goodrich received official notice from the Forest Service that the portion of the 1997 ROD assigning grazing permits on the Whitetail Allotment to Kennedy would be implemented that grazing season, and on July 1, 2000, Kennedy’s cattle physically entered the Whitetail Allotment. Goodrich lost 79 AUMs in the Whitetail Allotment corresponding to the 79 AUMs issued to Kennedy (down from the original 108 AUMs transferred by the ROD).
On June 9, 2004, Goodrich filed suit in the United States Court of Federal Claims alleging that, by allowing another permittee to graze on the Whitetail Allotment, the United States effected a taking of his exclusive water rights in violation of the takings clause of the Fifth Amendment. The United States moved to dismiss Goodrich’s complaint as barred by the six-year statute of limitations provided by 28 U.S.C. § 2501, and the United States Court of Federal Claims granted the motion. The trial court categorized the alleged taking as regulatory and held that the February 28, 1997, issuance of the ROD and final EIS signaled the accrual of Goodrich’s takings claim. Goodrich, 63 Fed. Cl. at 480. Goodrich appealed to this court, which has jurisdiction under 28 U.S.C. § 1295(a)(3).
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II
A claim brought in the United States Court of Federal Claims must be filed within six years of its accrual date. 28 U.S.C. § 2501; Hopland Band of Pomo Indians v. United States, 855 F.2d 1573, 1576-77 (Fed. Cir. 1988). A claim accrues "when all the events have occurred which fix the liability of the Government and entitle the claimant to institute an action". Hopland, 855 F.2d at 1577. "Therefore, a claim under the Fifth Amendment accrues when that taking action occurs." Alliance of Descendants of Tex. Land Grants v. United States, 37 F.3d 1478, 1481 (Fed. Cir. 1994). However, the claim only accrues if the claimant "knew or should have known" that the claim existed. Kinsey v. United States, 852 F.2d 556, 557 n.* (Fed. Cir. 1988). Here, there is no question that Goodrich was aware of the claim. Thus, because Goodrich’s complaint was filed on June 9, 2004, it is timely only if the claim accrued on or after June 9, 1998.
Goodrich alleges a physical taking that accrued on July 1, 2000, when Kennedy’s cattle first entered the Whitetail Allotment for the grazing season. In the alternative, Goodrich asserts that the taking did not "stabilize" until April 25, 2000, when he received official notice from the Forest Service that the portion of Alternative 10 transferring the Kennedy livestock to the Whitetail Allotment would be implemented on July 1. Either date would bring him within the statute. In support of the latter assertion, Goodrich points to a January 2000 grazing proposal in which the Forest Service stated that Kennedy’s cattle would be moved "from the Castle[ Mountains] to the Upper Spring Creek allotment." In light of this subsequent document, Goodrich argues, it is clear that the 1997 ROD did not constitute a final decision. Goodrich further argues that an attempt to file a takings claim prior to the implementation of Alternative 10 would have
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been rejected as unripe because he had not yet suffered any harm. We address each of these arguments in turn.
A
Goodrich argues that the taking alleged is physical, i.e. a government appropriation of his water for the use of government agents, the Kennedy cattle. Although there is no controlling precedent in this case, we find this court’s earlier holding in Fallini v. United States, 56 F.3d 1378 (Fed. Cir. 1995), to be the closest analogue. The plaintiffs in Fallini, as in the present case, were cattle ranchers who argued that the government effected a taking by authorizing other animals to use water to which they enjoyed proprietary rights. Id. at 1379. The government action at issue in Fallini was the 1971 enactment of the Wild Free-Roaming Horses and Burros Act, 16 U.S.C. §§ 1331-40, intended by Congress to protect wild horses and burros on public lands. Id. at 1379-80. As this court stated in Fallini, the "proper focus for statute of limitations purposes is upon the time of the [defendant’s] acts, not upon the time at which the consequences of the acts became most painful." Id. at 1383 (quoting Del. State Coll. v. Ricks, 449 U.S. 250, 258 (1980) (emphasis added)). In other words, "[w]hat the Fallinis may challenge is what the government has done, not what the horses have done." Id. The Fallini court determined that the statute of limitations was triggered upon the enactment of the Wild Free-Roaming Horses and Burros Act. Id. Similarly, then, the statute of limitations period here commenced upon the Forest Service’s adoption of Alternative 10 in the ROD.
Goodrich urges this court to distinguish Fallini because, unlike wild horses, Kennedy’s cattle were permittees of the government, i.e. government "agents or instrumentalities", and thus fall expressly into a possible exception to the rule articulated
05-5047 6
in Fallini. See 56 F.3d at 1383 ("If the horses were agents or instrumentalities of the United States government, the analysis of what governmental action constituted the alleged taking might well be different."). This argument is not without some merit. However, it would stretch the definition of "agent" too far to include a mere permittee. Whereas an agent is acting on behalf of, and usually at the direction of, his principal, a permittee is granted the option, but not the obligation, to engage in certain activities. If Kennedy declined to graze his cattle on the Whitetail Allotment, the Forest Service could not force him to, as it could force actions of, for example, a government employee or contractor. As such, Kennedy’s cattle cannot reasonably be considered "agents or instrumentalities" of the government. Nor can Kennedy himself.
B
We reject Goodrich’s assertion that the January 2000 grazing proposal, under which Kennedy’s cattle "will be moved from the Castle[ Mountains] to the Upper Spring Creek Allotment", establishes that the February 1997 ROD did not constitute a final decision. First, we note that the January 2000 letter was merely a proposal, and was not subjected to the same lengthy process requirements as the previously-issued ROD.
Second, we find Goodrich’s reliance on the "stabilization principle" articulated by the Supreme Court in United States v. Dickinson, 331 U.S. 745 (1947), to be misplaced. Goodrich argues that, under Dickinson, the statute of limitations did not commence until the government actions became "stabilized"; here, in April 2000, when the Forest Service notified Goodrich that the portion of Alternative 10 transferring Kennedy’s cattle to the Whitetail Allotment would be implemented that July. Dickinson, however, is clearly distinguishable from the present case. In Dickinson, the government dammed the Kanawha River in West Virginia, raising the water level by successive stages and
05-5047 7
. flooding the petitioners’ land over a period of years. Id. at 746-47. The government never condemned the flooded land. Id. at 747-48. The Supreme Court held that, because the government failed to engage in "appropriate proceedings" which would have "fixed the time when the property was ‘taken’", the takings claim was not barred by the statute of limitations. Id. The Court’s main concern was the government’s failure to provide affected parties with notice of its action, and the Court explicitly limited its holding to situations where, rather than undertake proper administrative procedures, the government "bring[s] about a taking by a continuing process of physical events". Id. at 749. Here, the Forest Service followed exhaustive statutory and regulatory requirements, involving several years of investigation, analysis and involvement of affected parties before reaching its decision to adopt Alternative 10. It published formal documents providing all affected parties with notice of its decision. See 61 Fed. Reg. 12181 (March 14, 1997) (providing notice of availability of final EIS for Lewis and Clark Forest). The unqualified language of the ROD reinforces the finality of the government action: there is no conditional phrase such as "authorizing the implementation of" or "granting the option to implement" Alternative 10. Rather, Gloria E. Flora, the Forest Supervisor of the Lewis and Clark Forest, stated in the ROD that she had made a "decision to implement Alternative 10". The fact that it took the Forest Service several years to implement the Kennedy portion of Alternative 10 does not change the nature of the decision.4 Indeed, the government here followed the exact opposite approach compared to Dickinson
4 The ROD, in fact, explains that implementation will occur over several years. It states that reductions will first be implemented annually through "administrative non-use", and then will be further increased, as necessary, through "permit action".
05-5047 8
Moreover, Goodrich was extensively involved each step of the pre-decision process. As early as 1993, a CCC representative participated in Forest Service meetings in which the proposal to transfer Kennedy’s cattle to the Whitetail Allotment was discussed, and notified the Forest Service then that such a transfer would constitute an "uncompensated taking" of Goodrich’s water rights. Goodrich received a copy of the August 1995 draft EIS, and promptly submitted comments objecting to the proposal. Chapter X of the final EIS, which details public involvement in the decisionmaking process, named Goodrich as one of the parties who had expressed concern over the draft EIS. It is only reasonable to assume that, once the Forest Service reached its decision, Goodrich promptly reviewed both the ROD and Alternative 10 in the final EIS; he does not argue to the contrary. Thus, there is no indication that Goodrich was incapable of filing suit immediately upon accrual of his takings claim.
We liken the present case to cases in which this court has restated repeatedly its holding that a takings claim accrues upon the denial of a permit application. See, e.g., Seiber v. United States, 364 F.3d 1356, 1365 (Fed. Cir. 2004); Boise Cascade Corp. v. United States, 296 F.3d 1339, 1347 (Fed. Cir. 2002); Bayou Des Familles Dev. Corp. v. United States, 130 F.3d 1034, 1039 (Fed. Cir. 1997). A ROD issuance is even more clearly final than a permit denial, as a party may simply reapply for a permit or engage in negotiations with the permitting agency. In contrast, the ROD and final EIS are final agency statements of official position that are published only after years of analysis and consultation with affected parties. Given this court’s precedent with respect to permits, it is only logical to conclude that a ROD issuance would be sufficient to accrue a takings claim.
05-5047 9
The trial court supported its ruling that Goodrich’s claim accrued in February 1997, upon issuance of the ROD and final EIS, with case law from our sister circuits holding that, for purposes of the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 701-06, a ROD is a "final agency action." See Franks v. Ross, 313 F.3d 184, 195 (4th Cir. 2002) (finding the ROD "signaled the end of the decisionmaking process"); Sw. Williams County Cmty. Ass’n, Inc. v. Slater, 173 F.3d 1033, 1036 (6th Cir. 1999) ("[A] final [EIS] or the [ROD] issued thereon constitute[s] final agency action."). We believe that the trial court’s analogy to APA cases is fitting, and hold that in a case like this a takings claim accrues upon the Forest Service’s issuance of a final EIS and ROD. Goodrich has presented no evidence that a higher body within the Forest Service could overturn the decision to grant AUMs at Whitetail to Kennedy, and thus all evidence supports our holding that the ROD and final EIS also constituted final agency action for purposes of a takings claim.
C
Goodrich further argues that, had he filed suit upon issuance of the ROD, his claim would have been dismissed as unripe because he had not yet suffered harm. On this point as well, Fallini is a useful but imperfect analogue, as the plaintiffs there suffered injury contemporaneously with the enactment of the Wild Free-Roaming Horses and Burros Act. In contrast, here, it took the Forest Service over three years to implement the portion of Alternative 10 transferring Kennedy’s cattle to the Whitetail Allotment.
As between issuance of the ROD and the actual physical appropriation by cattle of water, we believe the former is a better place to deem any taking occurred. First, the question of damages is discrete from the question of claim accrual. As the court in
05-5047 10
Fallini stated, the "obligation to sue" arises once the "permanent nature" of the government action is evident, regardless of whether damages are "complete and fully calculable". 56 F.3d at 1382-83. Second, as a practical matter, it will often be much easier for the parties to correct a wrongful taking if litigation is initiated before its effects are felt. If Goodrich was required to wait until Kennedy’s cattle appropriated his water, then it might be impractical, if not nearly impossible, to right the wrong. Thus, we conclude that the issuance of a ROD and final EIS is sufficient to constitute the taking and hence accrue a takings claim, regardless of when the consequences of the decisions contained therein are felt.
III
In sum, the Forest Service made its final decision to grant AUMs at Whitetail to Kennedy in February 28, 1997, when it issued its final EIS and ROD. Goodrich’s Fifth Amendment takings claim therefore accrued as of that date. Because Goodrich did not file his complaint until June 9, 2004, more than six years after the claim accrued, his cause of action is barred by the statute of limitations. The judgment of the United States Court of Federal Claims is therefore
AFFIRMED.
05-5047 11
NEWS ROUNDUP
Forced to let cattle graze, environmentalists attempt to restore land near Grand Canyon Step through the doorway of the cramped line shack out on the Two Mile Ranch grazing range and you might figure it's worth it to sit a spell until the cowhand gets back. His hat's there, black and felt like it ought to be, hanging from a nail in the cinder-block wall. He has stocked the cupboard with cans of green beans and carrots. He hasn't cleaned in a long time - the floor crunches with each step, and mice have taken over the lumpy mattress - but you forgive him that because he's getting paid to chase cattle, not dust bunnies. Still, for all the Hollywood details, this is not a place stuck in an episode of Bonanza. Or even in the past. The next time a cowhand shows up for work, he or she will find the beginnings of a modern experiment in ranching, an operation steeped not in tradition but in conservation. In one of the largest deals of its kind, Two Mile Ranch and neighboring Kane Ranch were sold last year to Grand Canyon Trust and the Conservation Fund, environmental groups trying to position themselves on the leading edge of the so-called green ranch movement....
The Elk Feed Ground Conundrum Elk feed grounds have both pros and cons, the pros include; concentrating elk at specific locations to prevent agricultural depredation, prevents starvation, reduces commingling of livestock and elk, reduces elk/vehicle collisions, facilitates vaccination of elk, inventory studies, and stable elk numbers, they reduce competition with other species for crucial winter habitat, and they are popular with much of the public. Feed ground cons include; congregating elk in an artificially small footprint facilitates disease transmission, it costs Game and Fish about1.3 million dollars annually to manage 22 feed grounds not including the National Elk Refuge, this number excludes disease research. Feeding elk can send a message that habitat is not important! Problems with discontinuation of elk feed grounds include; increased conflicts with highways, fences etc., winter range snow depths that preclude many areas as suitable winter range, increases need for proactive herd management to avoid heavy snow year decimation, heavy snow years will move elk from winter range to available food sources generally haystacks or cattle feed lines increasing elk/livestock interactions increasing damage claims to the Game and Fish and increasing friction with the agricultural community. There currently is not enough winter range to support present herds so it would decrease elk numbers 70-80%, costing about 22 million dollars to the economy of NW. Wyoming....
Grazing takes its toll on the West The West is synonymous with cowboys and Indians, great herds of buffalo and cattle ranching, but according to a recent study by a University of Colorado soil ecologist, past activities on the land have left the Colorado Plateau region with long-term ecological damage. Jason Neff, an assistant professor in the Department of Geological Sciences at CU, has found that despite a 30-year respite from livestock grazing on a site in Canyonlands National Park, Utah, soil erosion and nutrient loss continue to affect the environment. “The news about grazing here is not good,” Neff said....
Livestock district demand sparks ranchland debate A couple who own land next to the Cascade-Siskiyou National Monument have asked Jackson County officials to extend a local livestock district, sparking debate among neighboring ranchers. Under Oregon law, a livestock district places the burden on cattle ranchers to keep their animals out of the designated land. That’s as opposed to common open-range areas, where it is the neighbors’ responsibility to properly fence in properties to keep livestock out. Ranchers say the livestock district extension proposal is a tactic to oust cattle from public lands, a sensitive topic considering the ongoing negotiations between ranchers and the federal government over selling grazing rights in the Cascade-Siskiyou National Monument. By including the land in the district, petitioners Marshall and Nancy Cole would have the right to impound any errant cattle, essentially taking them away from the rancher, said Bruce Buckmaster, owner of Buckmaster’s Soda Mountain Ranch....
Water Resources Could Be The Next Energy Crisis According to the National Association of Farm Broadcasters, the top agricultural news story of 2005 was the sharp rise in energy prices that affected farmers’ fuel and fertilizer costs. This is a story that could repeat itself in 2006, although it seems unlikely that energy prices will ratchet up as much as the past year. While it was not necessarily front page news in 2005, the world supply of fresh water is of growing concern. In all likelihood water will supplant energy as our most critical natural resource within the next 15 years. The United Nations has already predicted that by 2020, water and not oil will be a source of conflicts in the world. If this projection is right, that’s not good for agriculture because farmers and ranchers are even more dependent on water than they are on affordable, reliable sources of energy. And while there are substitutes for fossil fuels, no one has claimed to have found a substitute for water. Desalination on a large scale is probably in the same category as hydrogen fuel for now – it’s a long way off....
Bill aims to limit law on outfitters A bill that would allow landowners to hire unlicensed hunting guides on private property would strengthen property rights and could provide a financial boost to small ranchers, according to one of its sponsors, Rep. Mark Semlek, R-Moorcroft. Semlek's bill, co-sponsored by Sen. Chuck Townsend, R-Newcastle, would allow landowners to use their employees as hired guides on private property, but licensed outfitters still would be required on public land. Currently, any paid hunting guide must be a licensed outfitter. "We're not talking about these huge ranches that have a lot of public land interspersed among their private lands and that have a huge hunting business and a lot of outfitters on their place," Semlek said. "The case that comes to my mind is my father or my son, for instance, who are not the titled owners of our property. If they want to take some hunters out, they should have the right to do that on my private land. "I'm thinking in the context of the smaller, family ranch operations in Wyoming who might only have one employee who, under the current law, is not able to guide hunters." Last year, Attorney General Pat Crank issued an opinion, at the request of the Wyoming Board of Outfitters and Professional Guides, that said only licensed outfitters are authorized to guide hunters, even on private land. Semlek said that's an infringement on the private property rights of landowners....
Froggy went a'climbing When Glendora rock climber Troy Mayr started scaling the steep granite walls at Williamson Rock 15 years ago, he had the place pretty much to himself. Now, on a peak summer weekend, he shares the crags with 250 to 500 people, who come to climb at what has become one of the premier climbing destinations in Southern California. But this season, Williamson Rock, 6,700 feet above La Ca ada in the San Gabriel Mountains, will be unusually quiet. Williamson has been closed to protect the mountain yellow-legged frog, whose numbers have been decimated. An estimated 100 adult frogs remained in the Southern California population in 2002, when it was listed as a federally endangered species. Scientists have not fully determined why the frog is struggling, but it may be due to fires, non-native predators and disease. The frogs live just upstream and downstream of the main climbing area in a stream at the base of the gorge. The Forest Service on Dec. 27 closed access to 1,000 acres north of the Angeles Crest Highway in the Cooper Canyon area....
Efforts made to manage lynx Even as biologists continue to track lynx and learn more about how they are using forest habitat, the U.S. Fish and Wildlife Service and the Forest Service are considering several management options that will help determine how the cats will fare in the long term. The Forest Service is in the midst of developing a set of plan amendments for a number of national forests in the Rocky Mountain region. Currently the amendments are in between a draft and final version, and conservation groups are concerned that protection for lynx will take a back seat to energy development and logging plans billed as forest health treatments. The draft version of the forest plan changes basically exempted energy projects and forest health projects from requirements to protect lynx habitat, said Jacob Smith, of the Center for Native Ecosystems....
U.S. adds regulatory clout to help pineros Chain saws in hand, they trudged through the woods, slashing away at trees with no training. At night, they slept in ragged tents in bone-chilling cold. Up before dawn, they traveled to remote job sites in unsafe vans. In the woods, U.S. Forest Service employees watching the Latino work crews took notice of the conditions, even recorded them in their agency diaries, but did not act to stop them. Last week, the agency moved forward with plans to make field-level employees who oversee forest labor as accountable for the workers as they are for the forest work. Following through on a promise made in November, Forest Service Chief Dale Bosworth altered the oversight contracts to spell out - in no uncertain terms - what constitutes a federal health and safety violation and to allow its employees to halt jobs when violations occur....
Hunters becoming an endangered species Don Schaller has been hunting all his life and plans to keep at it until his body can't take anymore. The 68-year-old Portland resident raised his four sons to hunt, but with mixed results. "Two of them hunt and the other two are too damn busy to get out," he said. Schaller's not the only one having trouble getting his kids to hunt as younger Oregonians find new ways to enjoy the outdoors or just decide to stay indoors. Oregon's population has doubled in the past 50 years, but fewer bought hunting licenses last year than in any year since 1958. Fewer bought fishing licenses, according to preliminary figures, than in any year since 1969. It's a national trend, but only Nevada and Michigan are expected to lose hunters faster that Oregon, according to an analysis by the National Shooting Sports Foundation, National Wild Turkey Foundation and U.S. Sportsmen's Alliance. A national survey found the top two reasons for not hunting and fishing more were lack of time and family or work commitments....
Bald eagles in the Keys return to nests destroyed by hurricanes Bald eagles in the Florida Keys have rebuilt most of the nests blown away by hurricanes in 2004 and 2005, state wildlife officials said. Aerial surveys of 11 known nesting sites in the Keys last week show that seven nests are active, Florida Fish and Wildlife Commission biologist Steve Nesbitt said. Two nests, one on Big Pine Key and the other on the mainland in northern Monroe County, were missing. "It was extremely productive and very encouraging that the birds are doing so well," Nesbitt said. The number of nesting pairs statewide dropped from 1,133 in 2003 to 1,092 in 2004, but last year rebounded to 1,133, wildlife officials said. Bald eagles, which are listed as threatened under the federal Endangered Species Act, have also rebuilt damaged nests elsewhere in the state, according to monitors for the Audubon of Florida EagleWatch program....
Panel's ruling on chinook has sportfishing group riled By the narrowest of margins, a 4-3 vote, members of the Oregon Fish and Wildlife Commission said Friday that they wanted to boost the amount of spring-run chinook given to commercial gillnetters on the Columbia River. Reaction from sportfishing interests was swift and livid. "I'm stunned. And we certainly didn't expect it," said Trey Carskadon, the president of the Northwest Sportfishing Industry Association. "The insensitivity to our needs is just unconscionable. "And, frankly, I don't know where to go from here." With the vote, commissioners told officials for the Oregon Department of Fish and Wildlife to go into negotiations with their counterparts in Washington with a preferred 45 percent commercial, 55 percent sport split, a 5 percent drop on the sport side. That's not a 55/45 split in the actual catch, but the share of the 2 percent al-lowed mortality of wild up-river spring chinook that are protected under the federal Endangered Species Act. But the commission vote also allows Oregon negotiators some wiggle room. It allows for a shift of the split 5 percent in either direction -- to the current 60/40 split that sportfishing interests urged, or a 50/50 that gillnetters said they needed to keep the industry afloat....
Killing of grizzlies raises concern A federal grizzly bear expert contends wildlife managers desperately need more resources to monitor the threatened bears in northwestern Montana, where he says the 11 known illegal grizzly killings last year were the highest in recent memory. "This is urgent, considering the number of illegal kills right now," Chris Servheen, the U.S. Fish and Wildlife Service's grizzly bear coordinator, said Friday. Limited resources to put tracking collars on bears in the Northern Continental Divide Ecosystem has hindered efforts to track how, where and why bears are dying, he said. The number of illegal kills in 2005 was likely higher than the 11 wildlife managers know about, he said. Since 2004, 21 grizzlies in that part of northwestern Montana were recorded as known illegal kills, but it remains unclear whether that signifies a trend in a region where many people live close to or in bear territory....
Interior secretary backs Endangered Species Act revamp Interior Secretary Gale Norton is backing congressional efforts to rewrite the federal Endangered Species Act, an undertaking that could give landowners tax breaks for helping plants and animals and allocate more power to political appointees. "We need to take a hard look at how the (Endangered Species Act) is structured and administered," Norton said during a statehouse ceremony Thursday that transferred management of about 600 Idaho wolves from the federal government to the state. "We will continue to work with Congress." Environmentalists credit the 1973 environmental law with helping prevent the extinction of such creatures as the bald eagle, grizzly bear and wolf. Some farm and property rights groups contend it hinders legitimate land uses and generates lawsuits. In September, the House passed a bill by Resources Committee Chairman Richard Pombo, R-Calif., that would compensate property owners if species-protection requirements foiled development plans. The House measure also would put political appointees in charge of making some scientific determinations, and prevent "critical habitat" designations in some areas....
Men plead guilty in grizzly killing Two men have switched their pleas to guilty in the killing of a yearling grizzly bear in eastern Idaho and the destruction of a radio telemetry collar attached to the bear's mother. They face jail time and up to a $100,000 fine each. Tim Brown, 38, pleaded guilty to a misdemeanor Thursday in U.S. District Court in Pocatello for shooting the bear in 2002 with a rifle. He faces up to 6 months in jail, a year of supervised probation and up to a $100,000 fine plus restitution. Brad Hoopes pleaded guilty Thursday to a misdemeanor for destroying government property, the radio collar. The collar was removed from the yearling's mother, which had been killed the previous day. He faces up to a year in jail, a year of supervised probation, and up to a $100,000 fine plus restitution. Both men are scheduled to be sentenced in Pocatello federal court on March 16....
Humane Society critical of coyote killing contest An annual coyote killing contest set for this weekend in Fallon County will go on despite objections from a national animal protection group that the event is unethical. The Humane Society of the United States, headquartered in Washington, D.C., sent a letter to the Baker Chamber of Commerce, a sponsor of the event, expressing its dismay over the sponsorship. The contest exhibits "a blatant disregard for wildlife and the integrity of ecosystems,'' the society said. Casey Pheiffer, of the Humane Society, asked the chamber to cancel the event, saying that sponsoring "this reprehensible event may result in a negative view of Baker by the general public.'' Carla Rustad, chamber president, and Karen Leibee, an organizer, said the event will not be canceled. The event, called the "Coyote Calling Contest - Coyote Hunt,'' runs from 7 p.m. today to 2 p.m. Sunday. Sign-up and a rules meeting will be held at the Plevna Bar in Plevna. Two- or three-person teams then will hunt coyotes with landowner permission. According to the rules, snow machines and airplanes are prohibited. So is alcohol. Entry fees will be added to a $1,000 purse that will go to the four teams with the most coyotes. Participants can keep the carcasses or sell them to a buyer for the fur. The contest has been held for several years, Leibee said. Last year, 96 people participated and shot about 55 coyotes, she said....
Column: Get Richard or Die Tryin' Just a week into this election year and already environmental strategists are up to their elbows in plots to snatch Congress from the grip of anti-environment GOP leaders and turn it over to a conservation-minded majority. Leaders of green groups including the Sierra Club and Defenders of Wildlife are hatching plans to help political allies who face tough battles this coming November, including Sens. Maria Cantwell (D-Wash.), Lincoln Chafee (R-R.I.), and Bill Nelson (D-Fla.). But an even bigger priority for enviros is thwarting the reelection of Rep. Richard Pombo (R-Calif.), chair of the House Resources Committee and a zealous advocate of major environmental rollbacks -- among them, weakening the Endangered Species Act, drilling in the Arctic National Wildlife Refuge and the outer continental shelf, selling off national parks and monuments, and changing mining law to allow thousands or even millions of acres of public land to be transferred into private hands....
Cows shot; reward is offered for the culprit A cattle rancher in Tooele County is offering a $3,000 reward for information leading to the arrest and conviction of those responsible for shooting and killing seven cows. The dead cows, all pregnant at the time of the slaying, were discovered on Dec. 29 by a neighbor who was putting up a fence on adjacent property near Mile Marker 32 of State Road 36 north of Vernon. The neighbor noticed the cows lying down and walked over to check on them, according to Tooele County sheriff's Detective Ron Johnson. The cows appeared to be shot in the head and neck and were fanned out across the range about 200 yards from each other, he said. The cattle's owner told police the cows were worth about $1,500 each and was "quite upset" with their killing, the detective said....
Cattle rustlers ruffle feathers in Ozarks A lot of things were said about cattle rustling in Bob Herndon’s garage, but it was a lawman’s remarks that drove home just how bad the problem is in the Ozarks. Eighty-seven thefts. Twenty-nine counties. Almost a half-million dollars in stolen property. "They’re pretty bold individuals," said Sgt. Dan Nash, a Missouri State Highway Patrol detective who’s been investigating the thefts for more than a year. For the first time, Nash explained Thursday to ranchers - many of whom have awakened to a smaller herd in recent months - that an "organized group" is behind the ongoing thefts. The crooks are stealing the cattle under cover of darkness and then selling them at local stockyards and barns within a few days, he said....
The cattle call For 100 years now, the National Western has been a midwinter institution in this former cow town, drawing in ranchers from around the country to buy and sell prized purebred cattle, and city slickers amused by the sight of earnest teens primping their steers with combs and hair dryers. The stock show, which runs today through Jan. 22, is a brilliant collision of rural and urban cultures. It is preschool children romping with goats in the petting zoo and weathered old ranchers swapping tales over black coffee in the Stockyards Inn. It is horses, cattle, sheep, pigs, bison, chickens, rabbits, llamas and dogs. It is crowded concourses and funny barnyard smells, medicine-show hucksters and teary-eyed teens hugging their doomed grand champions one last time. "It is," said historian Tom Noel, "a truly wonderful event."....
The Running of the Steers Pamplona, Spain, is known for its annual encierro, or running of the bulls, as famously portrayed in Ernest Hemingway’s 1926 novel, The Sun Also Rises. This Tuesday Denver will be the site of a somewhat similar spectacle: 30 longhorn cattle—followed by 100 sheep, driven by trained stock dogs—will barrel through the downtown streets of the Mile High City. And that’s just a small part of the kickoff for the 100th anniversary celebration of Denver’s massive National Western Stock Show, which begins tonight. The 16-day show is the world’s largest exhibition of seedstock, the elite cattle used for breeding. And in addition to hosting 20 different breeds of cattle in its sprawling stockyards, it is also home to the world’s second-largest horse show—as well as a showcase for sheep, pigs, poultry, rabbits, goats, llamas, bison, and even yak. More than 12,000 entries from exhibitors from all over the world are converging on the 95-acre site. Not far from the stockyards, the Denver Coliseum is holding some 40 rodeo events, as 700 competitors brave bucking broncos for cash prizes—the fifth-richest rodeo jackpot on earth....
Cattle queen As the 2006 Citizen of the West, and the first female member of the National Western Executive Committee, Anschutz-Rodgers personifies the guts and grit of America's pioneers. "She's pretty spunky, small and short as she is," says Colorado historian Tom Noel. "She has a genuine interest in preserving the Western tradition," says Ben Houston, board chairman of the Western Stock Show Association. "She runs her ranch in true Western style, and is a true conservationist in her methods of ranch management." "She's a very sincere person," says neighbor John Martin. "If she's got something to say that you don't want to hear, it's still going to come out." Anschutz-Rodgers is particularly outspoken about saving America's ranchlands from being gobbled up by developers, then chopped into subdivisions and golf-courses. She's been dubbed a latter-day cattle queen, the 21st-century version of an archetype dating back to the 19th century, when wealthy Elizabeth Iliff, widowed by her rancher husband, ran Colorado's largest ranch that stretched 100 miles along the South Platte River from Greeley to Julesburg....
Intriguing history wraps ancient blanket Sometimes an object or artifact has such powerful associations with a landscape that it defines a sense of place. Such is the case with an Ancestral Puebloan weaving called the Telluride Blanket, which may be the only intact cotton-dyed Puebloan textile in the world. At a recent showing of the blanket at the Telluride Historical Museum, the textile was named a national treasure by Carl Patterson, curator at the Denver Art Museum. Every artifact has a story, and the full story of the Telluride Blanket may be one of the most interesting in the Southwest. It links Ancestral Puebloans with Four Corners ranching and mining families in the stewardship of a rare 800-year-old textile from a weaver's loom. The story of this extraordinary colored blanket, how it was found and by whom, and how it passed to the Telluride Museum, is a subject of recent research. Each thread of the story has exciting twists and turns....
Bootmakers from Mexico riding at the top of their dying industry Sitting on the stool he has warmed for 13 years, Eduardo Ramirez stretches black ostrich leather over a plastic shoe mold, just the way his father taught him. He picks up a hammer and nails the smooth sole onto the bottom of a Size 9 boot. He rubs his calloused hands together for heat and deliberately stitches the sole with a nylon-threaded needle. Ramirez works quietly in the back room of a freshly painted stucco shop in midtown Phoenix, undistracted by a Singer sewing machine that hums across the room and Billy Joel's piano on a boom box. For generations, Latino craftsmen such as Ramirez have sewn cowboy boots for the wranglers of the Southwest, long before they became this season's hottest style and stocked on shelves at Nordstrom and Neiman Marcus. But the fashion frenzy passes by shops like Boot Maker Espinoza, where real bootmakers work through changes in fashion and society....
Denominations forge unique alliance to keep ministries in rural Montana For 31 years Jack Siemens was on call 24 hours a day, seven days a week as a maintenance supervisor with the state transportation department. Now retired, he's back on the road answering a new call. Every Sunday morning Siemens, 65, drives 70 miles round-trip to preach at Lutheran churches in Harlem, Hogeland and Turner on the Hi-Line. Meanwhile, in the cattle country east of Great Falls, rancher and homemaker Editha McKay, 48, drives a similar circuit preaching in Geyser and Stanford. When her Presbyterian church in Geyser lost its pastor last month, the congregation turned to her for leadership. This spring — after she finishes her job as a school cook — McKay plans to become a full-time, permanent lay minister for her parish and possibly for a church in Stanford. Siemens and McKay are among a growing number of rural Montana churchgoers making the leap from pew to pulpit....
On the Edge of Common Sense: Technological advancements solve the problem Pudge and Maughn were a couple of top hands gatherin' cows on the Diamond Mountain allotment in northeast Utah back in the '60s. Although they were true cowboys, they weren't above accessing modern technology. One late October as they were pushin' a bunch toward the corral, one of the cows fell back with a lameness. The boys left her to retrieve later and took the other cows on in. Parked at the corrals was Pudge's 1950 model 2 1/2-ton heavy-duty bobtail stock truck. That morning they had driven Maughn's pickup and horse trailer to the backside of the allotment, unloaded the horses to start the gather and left the rig parked. After penning the herd, the boys loaded in the bobtail and went back after the pickup and trailer. Along the way, they spotted the lame cow. She seemed unmoving, so the decision was made to tie her down and load her in the horse trailer when they returned....
Forced to let cattle graze, environmentalists attempt to restore land near Grand Canyon Step through the doorway of the cramped line shack out on the Two Mile Ranch grazing range and you might figure it's worth it to sit a spell until the cowhand gets back. His hat's there, black and felt like it ought to be, hanging from a nail in the cinder-block wall. He has stocked the cupboard with cans of green beans and carrots. He hasn't cleaned in a long time - the floor crunches with each step, and mice have taken over the lumpy mattress - but you forgive him that because he's getting paid to chase cattle, not dust bunnies. Still, for all the Hollywood details, this is not a place stuck in an episode of Bonanza. Or even in the past. The next time a cowhand shows up for work, he or she will find the beginnings of a modern experiment in ranching, an operation steeped not in tradition but in conservation. In one of the largest deals of its kind, Two Mile Ranch and neighboring Kane Ranch were sold last year to Grand Canyon Trust and the Conservation Fund, environmental groups trying to position themselves on the leading edge of the so-called green ranch movement....
The Elk Feed Ground Conundrum Elk feed grounds have both pros and cons, the pros include; concentrating elk at specific locations to prevent agricultural depredation, prevents starvation, reduces commingling of livestock and elk, reduces elk/vehicle collisions, facilitates vaccination of elk, inventory studies, and stable elk numbers, they reduce competition with other species for crucial winter habitat, and they are popular with much of the public. Feed ground cons include; congregating elk in an artificially small footprint facilitates disease transmission, it costs Game and Fish about1.3 million dollars annually to manage 22 feed grounds not including the National Elk Refuge, this number excludes disease research. Feeding elk can send a message that habitat is not important! Problems with discontinuation of elk feed grounds include; increased conflicts with highways, fences etc., winter range snow depths that preclude many areas as suitable winter range, increases need for proactive herd management to avoid heavy snow year decimation, heavy snow years will move elk from winter range to available food sources generally haystacks or cattle feed lines increasing elk/livestock interactions increasing damage claims to the Game and Fish and increasing friction with the agricultural community. There currently is not enough winter range to support present herds so it would decrease elk numbers 70-80%, costing about 22 million dollars to the economy of NW. Wyoming....
Grazing takes its toll on the West The West is synonymous with cowboys and Indians, great herds of buffalo and cattle ranching, but according to a recent study by a University of Colorado soil ecologist, past activities on the land have left the Colorado Plateau region with long-term ecological damage. Jason Neff, an assistant professor in the Department of Geological Sciences at CU, has found that despite a 30-year respite from livestock grazing on a site in Canyonlands National Park, Utah, soil erosion and nutrient loss continue to affect the environment. “The news about grazing here is not good,” Neff said....
Livestock district demand sparks ranchland debate A couple who own land next to the Cascade-Siskiyou National Monument have asked Jackson County officials to extend a local livestock district, sparking debate among neighboring ranchers. Under Oregon law, a livestock district places the burden on cattle ranchers to keep their animals out of the designated land. That’s as opposed to common open-range areas, where it is the neighbors’ responsibility to properly fence in properties to keep livestock out. Ranchers say the livestock district extension proposal is a tactic to oust cattle from public lands, a sensitive topic considering the ongoing negotiations between ranchers and the federal government over selling grazing rights in the Cascade-Siskiyou National Monument. By including the land in the district, petitioners Marshall and Nancy Cole would have the right to impound any errant cattle, essentially taking them away from the rancher, said Bruce Buckmaster, owner of Buckmaster’s Soda Mountain Ranch....
Water Resources Could Be The Next Energy Crisis According to the National Association of Farm Broadcasters, the top agricultural news story of 2005 was the sharp rise in energy prices that affected farmers’ fuel and fertilizer costs. This is a story that could repeat itself in 2006, although it seems unlikely that energy prices will ratchet up as much as the past year. While it was not necessarily front page news in 2005, the world supply of fresh water is of growing concern. In all likelihood water will supplant energy as our most critical natural resource within the next 15 years. The United Nations has already predicted that by 2020, water and not oil will be a source of conflicts in the world. If this projection is right, that’s not good for agriculture because farmers and ranchers are even more dependent on water than they are on affordable, reliable sources of energy. And while there are substitutes for fossil fuels, no one has claimed to have found a substitute for water. Desalination on a large scale is probably in the same category as hydrogen fuel for now – it’s a long way off....
Bill aims to limit law on outfitters A bill that would allow landowners to hire unlicensed hunting guides on private property would strengthen property rights and could provide a financial boost to small ranchers, according to one of its sponsors, Rep. Mark Semlek, R-Moorcroft. Semlek's bill, co-sponsored by Sen. Chuck Townsend, R-Newcastle, would allow landowners to use their employees as hired guides on private property, but licensed outfitters still would be required on public land. Currently, any paid hunting guide must be a licensed outfitter. "We're not talking about these huge ranches that have a lot of public land interspersed among their private lands and that have a huge hunting business and a lot of outfitters on their place," Semlek said. "The case that comes to my mind is my father or my son, for instance, who are not the titled owners of our property. If they want to take some hunters out, they should have the right to do that on my private land. "I'm thinking in the context of the smaller, family ranch operations in Wyoming who might only have one employee who, under the current law, is not able to guide hunters." Last year, Attorney General Pat Crank issued an opinion, at the request of the Wyoming Board of Outfitters and Professional Guides, that said only licensed outfitters are authorized to guide hunters, even on private land. Semlek said that's an infringement on the private property rights of landowners....
Froggy went a'climbing When Glendora rock climber Troy Mayr started scaling the steep granite walls at Williamson Rock 15 years ago, he had the place pretty much to himself. Now, on a peak summer weekend, he shares the crags with 250 to 500 people, who come to climb at what has become one of the premier climbing destinations in Southern California. But this season, Williamson Rock, 6,700 feet above La Ca ada in the San Gabriel Mountains, will be unusually quiet. Williamson has been closed to protect the mountain yellow-legged frog, whose numbers have been decimated. An estimated 100 adult frogs remained in the Southern California population in 2002, when it was listed as a federally endangered species. Scientists have not fully determined why the frog is struggling, but it may be due to fires, non-native predators and disease. The frogs live just upstream and downstream of the main climbing area in a stream at the base of the gorge. The Forest Service on Dec. 27 closed access to 1,000 acres north of the Angeles Crest Highway in the Cooper Canyon area....
Efforts made to manage lynx Even as biologists continue to track lynx and learn more about how they are using forest habitat, the U.S. Fish and Wildlife Service and the Forest Service are considering several management options that will help determine how the cats will fare in the long term. The Forest Service is in the midst of developing a set of plan amendments for a number of national forests in the Rocky Mountain region. Currently the amendments are in between a draft and final version, and conservation groups are concerned that protection for lynx will take a back seat to energy development and logging plans billed as forest health treatments. The draft version of the forest plan changes basically exempted energy projects and forest health projects from requirements to protect lynx habitat, said Jacob Smith, of the Center for Native Ecosystems....
U.S. adds regulatory clout to help pineros Chain saws in hand, they trudged through the woods, slashing away at trees with no training. At night, they slept in ragged tents in bone-chilling cold. Up before dawn, they traveled to remote job sites in unsafe vans. In the woods, U.S. Forest Service employees watching the Latino work crews took notice of the conditions, even recorded them in their agency diaries, but did not act to stop them. Last week, the agency moved forward with plans to make field-level employees who oversee forest labor as accountable for the workers as they are for the forest work. Following through on a promise made in November, Forest Service Chief Dale Bosworth altered the oversight contracts to spell out - in no uncertain terms - what constitutes a federal health and safety violation and to allow its employees to halt jobs when violations occur....
Hunters becoming an endangered species Don Schaller has been hunting all his life and plans to keep at it until his body can't take anymore. The 68-year-old Portland resident raised his four sons to hunt, but with mixed results. "Two of them hunt and the other two are too damn busy to get out," he said. Schaller's not the only one having trouble getting his kids to hunt as younger Oregonians find new ways to enjoy the outdoors or just decide to stay indoors. Oregon's population has doubled in the past 50 years, but fewer bought hunting licenses last year than in any year since 1958. Fewer bought fishing licenses, according to preliminary figures, than in any year since 1969. It's a national trend, but only Nevada and Michigan are expected to lose hunters faster that Oregon, according to an analysis by the National Shooting Sports Foundation, National Wild Turkey Foundation and U.S. Sportsmen's Alliance. A national survey found the top two reasons for not hunting and fishing more were lack of time and family or work commitments....
Bald eagles in the Keys return to nests destroyed by hurricanes Bald eagles in the Florida Keys have rebuilt most of the nests blown away by hurricanes in 2004 and 2005, state wildlife officials said. Aerial surveys of 11 known nesting sites in the Keys last week show that seven nests are active, Florida Fish and Wildlife Commission biologist Steve Nesbitt said. Two nests, one on Big Pine Key and the other on the mainland in northern Monroe County, were missing. "It was extremely productive and very encouraging that the birds are doing so well," Nesbitt said. The number of nesting pairs statewide dropped from 1,133 in 2003 to 1,092 in 2004, but last year rebounded to 1,133, wildlife officials said. Bald eagles, which are listed as threatened under the federal Endangered Species Act, have also rebuilt damaged nests elsewhere in the state, according to monitors for the Audubon of Florida EagleWatch program....
Panel's ruling on chinook has sportfishing group riled By the narrowest of margins, a 4-3 vote, members of the Oregon Fish and Wildlife Commission said Friday that they wanted to boost the amount of spring-run chinook given to commercial gillnetters on the Columbia River. Reaction from sportfishing interests was swift and livid. "I'm stunned. And we certainly didn't expect it," said Trey Carskadon, the president of the Northwest Sportfishing Industry Association. "The insensitivity to our needs is just unconscionable. "And, frankly, I don't know where to go from here." With the vote, commissioners told officials for the Oregon Department of Fish and Wildlife to go into negotiations with their counterparts in Washington with a preferred 45 percent commercial, 55 percent sport split, a 5 percent drop on the sport side. That's not a 55/45 split in the actual catch, but the share of the 2 percent al-lowed mortality of wild up-river spring chinook that are protected under the federal Endangered Species Act. But the commission vote also allows Oregon negotiators some wiggle room. It allows for a shift of the split 5 percent in either direction -- to the current 60/40 split that sportfishing interests urged, or a 50/50 that gillnetters said they needed to keep the industry afloat....
Killing of grizzlies raises concern A federal grizzly bear expert contends wildlife managers desperately need more resources to monitor the threatened bears in northwestern Montana, where he says the 11 known illegal grizzly killings last year were the highest in recent memory. "This is urgent, considering the number of illegal kills right now," Chris Servheen, the U.S. Fish and Wildlife Service's grizzly bear coordinator, said Friday. Limited resources to put tracking collars on bears in the Northern Continental Divide Ecosystem has hindered efforts to track how, where and why bears are dying, he said. The number of illegal kills in 2005 was likely higher than the 11 wildlife managers know about, he said. Since 2004, 21 grizzlies in that part of northwestern Montana were recorded as known illegal kills, but it remains unclear whether that signifies a trend in a region where many people live close to or in bear territory....
Interior secretary backs Endangered Species Act revamp Interior Secretary Gale Norton is backing congressional efforts to rewrite the federal Endangered Species Act, an undertaking that could give landowners tax breaks for helping plants and animals and allocate more power to political appointees. "We need to take a hard look at how the (Endangered Species Act) is structured and administered," Norton said during a statehouse ceremony Thursday that transferred management of about 600 Idaho wolves from the federal government to the state. "We will continue to work with Congress." Environmentalists credit the 1973 environmental law with helping prevent the extinction of such creatures as the bald eagle, grizzly bear and wolf. Some farm and property rights groups contend it hinders legitimate land uses and generates lawsuits. In September, the House passed a bill by Resources Committee Chairman Richard Pombo, R-Calif., that would compensate property owners if species-protection requirements foiled development plans. The House measure also would put political appointees in charge of making some scientific determinations, and prevent "critical habitat" designations in some areas....
Men plead guilty in grizzly killing Two men have switched their pleas to guilty in the killing of a yearling grizzly bear in eastern Idaho and the destruction of a radio telemetry collar attached to the bear's mother. They face jail time and up to a $100,000 fine each. Tim Brown, 38, pleaded guilty to a misdemeanor Thursday in U.S. District Court in Pocatello for shooting the bear in 2002 with a rifle. He faces up to 6 months in jail, a year of supervised probation and up to a $100,000 fine plus restitution. Brad Hoopes pleaded guilty Thursday to a misdemeanor for destroying government property, the radio collar. The collar was removed from the yearling's mother, which had been killed the previous day. He faces up to a year in jail, a year of supervised probation, and up to a $100,000 fine plus restitution. Both men are scheduled to be sentenced in Pocatello federal court on March 16....
Humane Society critical of coyote killing contest An annual coyote killing contest set for this weekend in Fallon County will go on despite objections from a national animal protection group that the event is unethical. The Humane Society of the United States, headquartered in Washington, D.C., sent a letter to the Baker Chamber of Commerce, a sponsor of the event, expressing its dismay over the sponsorship. The contest exhibits "a blatant disregard for wildlife and the integrity of ecosystems,'' the society said. Casey Pheiffer, of the Humane Society, asked the chamber to cancel the event, saying that sponsoring "this reprehensible event may result in a negative view of Baker by the general public.'' Carla Rustad, chamber president, and Karen Leibee, an organizer, said the event will not be canceled. The event, called the "Coyote Calling Contest - Coyote Hunt,'' runs from 7 p.m. today to 2 p.m. Sunday. Sign-up and a rules meeting will be held at the Plevna Bar in Plevna. Two- or three-person teams then will hunt coyotes with landowner permission. According to the rules, snow machines and airplanes are prohibited. So is alcohol. Entry fees will be added to a $1,000 purse that will go to the four teams with the most coyotes. Participants can keep the carcasses or sell them to a buyer for the fur. The contest has been held for several years, Leibee said. Last year, 96 people participated and shot about 55 coyotes, she said....
Column: Get Richard or Die Tryin' Just a week into this election year and already environmental strategists are up to their elbows in plots to snatch Congress from the grip of anti-environment GOP leaders and turn it over to a conservation-minded majority. Leaders of green groups including the Sierra Club and Defenders of Wildlife are hatching plans to help political allies who face tough battles this coming November, including Sens. Maria Cantwell (D-Wash.), Lincoln Chafee (R-R.I.), and Bill Nelson (D-Fla.). But an even bigger priority for enviros is thwarting the reelection of Rep. Richard Pombo (R-Calif.), chair of the House Resources Committee and a zealous advocate of major environmental rollbacks -- among them, weakening the Endangered Species Act, drilling in the Arctic National Wildlife Refuge and the outer continental shelf, selling off national parks and monuments, and changing mining law to allow thousands or even millions of acres of public land to be transferred into private hands....
Cows shot; reward is offered for the culprit A cattle rancher in Tooele County is offering a $3,000 reward for information leading to the arrest and conviction of those responsible for shooting and killing seven cows. The dead cows, all pregnant at the time of the slaying, were discovered on Dec. 29 by a neighbor who was putting up a fence on adjacent property near Mile Marker 32 of State Road 36 north of Vernon. The neighbor noticed the cows lying down and walked over to check on them, according to Tooele County sheriff's Detective Ron Johnson. The cows appeared to be shot in the head and neck and were fanned out across the range about 200 yards from each other, he said. The cattle's owner told police the cows were worth about $1,500 each and was "quite upset" with their killing, the detective said....
Cattle rustlers ruffle feathers in Ozarks A lot of things were said about cattle rustling in Bob Herndon’s garage, but it was a lawman’s remarks that drove home just how bad the problem is in the Ozarks. Eighty-seven thefts. Twenty-nine counties. Almost a half-million dollars in stolen property. "They’re pretty bold individuals," said Sgt. Dan Nash, a Missouri State Highway Patrol detective who’s been investigating the thefts for more than a year. For the first time, Nash explained Thursday to ranchers - many of whom have awakened to a smaller herd in recent months - that an "organized group" is behind the ongoing thefts. The crooks are stealing the cattle under cover of darkness and then selling them at local stockyards and barns within a few days, he said....
The cattle call For 100 years now, the National Western has been a midwinter institution in this former cow town, drawing in ranchers from around the country to buy and sell prized purebred cattle, and city slickers amused by the sight of earnest teens primping their steers with combs and hair dryers. The stock show, which runs today through Jan. 22, is a brilliant collision of rural and urban cultures. It is preschool children romping with goats in the petting zoo and weathered old ranchers swapping tales over black coffee in the Stockyards Inn. It is horses, cattle, sheep, pigs, bison, chickens, rabbits, llamas and dogs. It is crowded concourses and funny barnyard smells, medicine-show hucksters and teary-eyed teens hugging their doomed grand champions one last time. "It is," said historian Tom Noel, "a truly wonderful event."....
The Running of the Steers Pamplona, Spain, is known for its annual encierro, or running of the bulls, as famously portrayed in Ernest Hemingway’s 1926 novel, The Sun Also Rises. This Tuesday Denver will be the site of a somewhat similar spectacle: 30 longhorn cattle—followed by 100 sheep, driven by trained stock dogs—will barrel through the downtown streets of the Mile High City. And that’s just a small part of the kickoff for the 100th anniversary celebration of Denver’s massive National Western Stock Show, which begins tonight. The 16-day show is the world’s largest exhibition of seedstock, the elite cattle used for breeding. And in addition to hosting 20 different breeds of cattle in its sprawling stockyards, it is also home to the world’s second-largest horse show—as well as a showcase for sheep, pigs, poultry, rabbits, goats, llamas, bison, and even yak. More than 12,000 entries from exhibitors from all over the world are converging on the 95-acre site. Not far from the stockyards, the Denver Coliseum is holding some 40 rodeo events, as 700 competitors brave bucking broncos for cash prizes—the fifth-richest rodeo jackpot on earth....
Cattle queen As the 2006 Citizen of the West, and the first female member of the National Western Executive Committee, Anschutz-Rodgers personifies the guts and grit of America's pioneers. "She's pretty spunky, small and short as she is," says Colorado historian Tom Noel. "She has a genuine interest in preserving the Western tradition," says Ben Houston, board chairman of the Western Stock Show Association. "She runs her ranch in true Western style, and is a true conservationist in her methods of ranch management." "She's a very sincere person," says neighbor John Martin. "If she's got something to say that you don't want to hear, it's still going to come out." Anschutz-Rodgers is particularly outspoken about saving America's ranchlands from being gobbled up by developers, then chopped into subdivisions and golf-courses. She's been dubbed a latter-day cattle queen, the 21st-century version of an archetype dating back to the 19th century, when wealthy Elizabeth Iliff, widowed by her rancher husband, ran Colorado's largest ranch that stretched 100 miles along the South Platte River from Greeley to Julesburg....
Intriguing history wraps ancient blanket Sometimes an object or artifact has such powerful associations with a landscape that it defines a sense of place. Such is the case with an Ancestral Puebloan weaving called the Telluride Blanket, which may be the only intact cotton-dyed Puebloan textile in the world. At a recent showing of the blanket at the Telluride Historical Museum, the textile was named a national treasure by Carl Patterson, curator at the Denver Art Museum. Every artifact has a story, and the full story of the Telluride Blanket may be one of the most interesting in the Southwest. It links Ancestral Puebloans with Four Corners ranching and mining families in the stewardship of a rare 800-year-old textile from a weaver's loom. The story of this extraordinary colored blanket, how it was found and by whom, and how it passed to the Telluride Museum, is a subject of recent research. Each thread of the story has exciting twists and turns....
Bootmakers from Mexico riding at the top of their dying industry Sitting on the stool he has warmed for 13 years, Eduardo Ramirez stretches black ostrich leather over a plastic shoe mold, just the way his father taught him. He picks up a hammer and nails the smooth sole onto the bottom of a Size 9 boot. He rubs his calloused hands together for heat and deliberately stitches the sole with a nylon-threaded needle. Ramirez works quietly in the back room of a freshly painted stucco shop in midtown Phoenix, undistracted by a Singer sewing machine that hums across the room and Billy Joel's piano on a boom box. For generations, Latino craftsmen such as Ramirez have sewn cowboy boots for the wranglers of the Southwest, long before they became this season's hottest style and stocked on shelves at Nordstrom and Neiman Marcus. But the fashion frenzy passes by shops like Boot Maker Espinoza, where real bootmakers work through changes in fashion and society....
Denominations forge unique alliance to keep ministries in rural Montana For 31 years Jack Siemens was on call 24 hours a day, seven days a week as a maintenance supervisor with the state transportation department. Now retired, he's back on the road answering a new call. Every Sunday morning Siemens, 65, drives 70 miles round-trip to preach at Lutheran churches in Harlem, Hogeland and Turner on the Hi-Line. Meanwhile, in the cattle country east of Great Falls, rancher and homemaker Editha McKay, 48, drives a similar circuit preaching in Geyser and Stanford. When her Presbyterian church in Geyser lost its pastor last month, the congregation turned to her for leadership. This spring — after she finishes her job as a school cook — McKay plans to become a full-time, permanent lay minister for her parish and possibly for a church in Stanford. Siemens and McKay are among a growing number of rural Montana churchgoers making the leap from pew to pulpit....
On the Edge of Common Sense: Technological advancements solve the problem Pudge and Maughn were a couple of top hands gatherin' cows on the Diamond Mountain allotment in northeast Utah back in the '60s. Although they were true cowboys, they weren't above accessing modern technology. One late October as they were pushin' a bunch toward the corral, one of the cows fell back with a lameness. The boys left her to retrieve later and took the other cows on in. Parked at the corrals was Pudge's 1950 model 2 1/2-ton heavy-duty bobtail stock truck. That morning they had driven Maughn's pickup and horse trailer to the backside of the allotment, unloaded the horses to start the gather and left the rig parked. After penning the herd, the boys loaded in the bobtail and went back after the pickup and trailer. Along the way, they spotted the lame cow. She seemed unmoving, so the decision was made to tie her down and load her in the horse trailer when they returned....
Sunday, January 08, 2006
SATURDAY NIGHT AT THE WESTERNER
The art of horse trading
By Julie Carter
The cowboy stood at the door in what, at one time in some other lifetime, might have been a red canvas jacket.
Today it was more on the aged side of pink, fringed with very raveled seams and had a pocket that was holding on only by a creative thought. He was headed to town.
After some verbal exchange with his wife who knew he owned a better coat and reminded him of that, he drove off.
His rationale was that he was on his way to bargain for something and it was politically incorrect to go horse trading (a term used for any kind of bartering in the west) in new or even salvageable clothes. It is the nature of the work to be done that drives the appearance.
A friend has a ranch on the east side of the state that is free and clear of mortgages and he has enough money in the bank to stock it without the banker's permission. At shipping time, this guy would appear at breakfast dressed like the rest of the cowboys and stay that way until the cattle were penned.
Somewhere just after the gate closed on the last steer and the cow buyer who had been waiting at the road with the cattle trucks showed up, this rancher would transform into a pitiful creature. He would be clad in a sweater with holes at the elbows, cuffs hanging by a thread, a hat that had been through the big war and boots with more holes than a prairie dog patch.
The cow buyer would arrive clean and shiny with creases in his jeans like George Strait, driving a new Lincoln, a white new out-of-the-box Stetson and wearing a big pinkie ring. The contrast was always appreciable.
And even though the actual numbers for the trade had been signed for months before and were never questioned, it never failed to come up in a conversation that the next time the buyer would have to do a little better.
Trading, bartering, and making a deal, whether buying or selling, keeps a cowboy's heart pumping strong the same way riding a good horse following fat cattle in belly deep grass does.
There is an art to "horse trading" that is passed through generations. It is honed to a sharp edge, practiced constantly even on the wife and kids and often has nothing to do with a horse.
But if it is about a horse, the trading will often go beyond the monetary value of the animal. It is not unusual for the dickering conversation to go on for hours when the transaction involves something other than cash.
Showing up at the trader's place with a trailer hooked to the pickup puts a spring in the step of the guy with the merchandise for sale. It is common practice to leave the trailer parked a couple miles away at the truck stop and arrive only with any other tradable goods to start the transaction.
Before the discussion of cash floats into the conversation there may a considerable amount of time given to offering other livestock, colt breaking, horse trailers, day work, saddles, pasture leases, or pick of the new litter of blue heeler pups as part of the "deal."
It is fun to listen to horse traders while standing out in a dusty lot watching one "trader" pit his wits against another. A true regret to this unheralded talent is the increase of horses being bought and sold over the Internet.
An entire art and language is being lost on the cyber highway. Without it the western world will be a less colorful place. But more than ever, the "buyer beware" phrase needs to be pasted to the pickup windshield or better yet, to the computer monitor.
This is part one in a series of columns that will discuss the art and language of horse trading. Stay tuned and hold your wallet.
© 2006 Julie Carter
The art of horse trading
By Julie Carter
The cowboy stood at the door in what, at one time in some other lifetime, might have been a red canvas jacket.
Today it was more on the aged side of pink, fringed with very raveled seams and had a pocket that was holding on only by a creative thought. He was headed to town.
After some verbal exchange with his wife who knew he owned a better coat and reminded him of that, he drove off.
His rationale was that he was on his way to bargain for something and it was politically incorrect to go horse trading (a term used for any kind of bartering in the west) in new or even salvageable clothes. It is the nature of the work to be done that drives the appearance.
A friend has a ranch on the east side of the state that is free and clear of mortgages and he has enough money in the bank to stock it without the banker's permission. At shipping time, this guy would appear at breakfast dressed like the rest of the cowboys and stay that way until the cattle were penned.
Somewhere just after the gate closed on the last steer and the cow buyer who had been waiting at the road with the cattle trucks showed up, this rancher would transform into a pitiful creature. He would be clad in a sweater with holes at the elbows, cuffs hanging by a thread, a hat that had been through the big war and boots with more holes than a prairie dog patch.
The cow buyer would arrive clean and shiny with creases in his jeans like George Strait, driving a new Lincoln, a white new out-of-the-box Stetson and wearing a big pinkie ring. The contrast was always appreciable.
And even though the actual numbers for the trade had been signed for months before and were never questioned, it never failed to come up in a conversation that the next time the buyer would have to do a little better.
Trading, bartering, and making a deal, whether buying or selling, keeps a cowboy's heart pumping strong the same way riding a good horse following fat cattle in belly deep grass does.
There is an art to "horse trading" that is passed through generations. It is honed to a sharp edge, practiced constantly even on the wife and kids and often has nothing to do with a horse.
But if it is about a horse, the trading will often go beyond the monetary value of the animal. It is not unusual for the dickering conversation to go on for hours when the transaction involves something other than cash.
Showing up at the trader's place with a trailer hooked to the pickup puts a spring in the step of the guy with the merchandise for sale. It is common practice to leave the trailer parked a couple miles away at the truck stop and arrive only with any other tradable goods to start the transaction.
Before the discussion of cash floats into the conversation there may a considerable amount of time given to offering other livestock, colt breaking, horse trailers, day work, saddles, pasture leases, or pick of the new litter of blue heeler pups as part of the "deal."
It is fun to listen to horse traders while standing out in a dusty lot watching one "trader" pit his wits against another. A true regret to this unheralded talent is the increase of horses being bought and sold over the Internet.
An entire art and language is being lost on the cyber highway. Without it the western world will be a less colorful place. But more than ever, the "buyer beware" phrase needs to be pasted to the pickup windshield or better yet, to the computer monitor.
This is part one in a series of columns that will discuss the art and language of horse trading. Stay tuned and hold your wallet.
© 2006 Julie Carter
OPINION/COMMENTARY
Enviros' Agenda Is Selfishness and Greed
Why then are there particular places where housing costs have skyrocketed? In those places, much of the land is prevented by law from being used to build housing. These land use restrictions are seldom called land use restrictions. They are called by much prettier names, like "open space" laws, laws to "preserve farmland" or prevent "sprawl," "greenbelt" laws -- or whatever else will sell politically. People who already own their own homes don't worry about whether such laws will drive housing prices sky high. Somebody else will have to pay those prices while existing homeowners see the value of their property rise by leaps and bounds. Meanwhile, land that might otherwise provide homes for others becomes in effect free park land for themselves, while such upscale communities use "open space" laws to keep out the masses. The crowning touch is that such self-interest is depicted as idealism. A famous economist named Joseph Schumpeter once said that the first thing someone will do for his ideals is lie. Some people distinguish little white lies from black lies but the biggest lies of all are green lies. To hear environmental zealots tell it, they are just trying to save the last few patches of greenery from being paved over. But in fact the land area of the United States covered by forests is more than three times as large as the land area covered by all the cities and towns across the nation. Only about 5 percent of the land is urban. In other words, you could double the size of every city and town in America and still nine-tenths of the land would be undeveloped....
Attending The PETA Class Reunion? Bring Your Parole Officer
The arrest of six suspects in a string of eco-terror arsons has generated a string of related stories, including many about the jail-cell suicide of one defendant described as the "ringleader" behind eco-terror fires in several states. In a follow-up report that caught our eye, The Seattle Times talked to defendant Kevin Tubbs' mother. Tubbs is charged with setting a $1.2 million fire in June 1998 which consumed the USDA's Animal and Plant and Health Inspection Service facility in Olympia, Washington. He's also accused of torching 35 sport-utility vehicles at a Eugene, Oregon car dealership. And according to his mother, he used to work for People for the Ethical Treatment of Animals (PETA). In 1993, an Associated Press photographer snapped a picture of Tubbs and PETA employee Matt Rossell, after the two were arrested for trying to disrupt a meeting of cattle ranchers. Tubbs wore a colorful cow costume. And the following year, Tubbs (then described by The Philadelphia Inquirer as "a PETA supervisor"), was charged with assault after he and two PETA interns attempted to douse the headquarters of a pharmaceutical company with buckets of urine. Unfortunately for PETA, they ended up drenching several police officers by mistake....
AGAINST THE GRAIN
When seen in the context of the global biotech landscape, Europe's continued ambivalence toward genetically modified (GM) crops seems strangely anomalous in what has clearly become a global trend, says Christian Verschueren, director-general of CropLife International, the global lobbying group for the plant science industry.
Just look at the statistics:
* The year 2005 saw the planting of the one billionth acre of genetically modified crops in the world, and marked the 10th anniversary of the first commercial planting.
* Last year alone, more than 81 million hectares of the world's arable land were sown with genetically modified seed by over eight million farmers in 17 countries -- a 20 percent increase on the previous year.
* In Spain -- the pariah state of the EU when it comes to the cultivation of biotech crops -- farmers planted 58,000 hectares of insect-resistant maize in 2004, an increase of 80 percent on the previous year's level.
This maize is resistant to the corn borer, a pest known to decimate entire harvests, and has brought great benefits for the Spanish farming community. Not only has it ensured an unusual level of crop and income security for Spanish farmers -- increasing their crop yields and contributing to a 12 percent jump in their gross margins -- but it has simultaneously allowed them to use pesticides in a more targeted fashion.
In the notoriously unpredictable business of farming, these results are making big differences -- and causing waves among farmers in other European countries who are beginning to look enviously toward the south.
Economically speaking, GM crops represent a winning proposition. Over the first nine years of commercial biotech crop cultivation, there was an estimated global increase in net farm incomes of $27 billion, says Verschueren.
Source: Christian Verschueren, "Against the Grain," Wall Street Journal, January 4, 2005.
For text (subscription required): http://online.wsj.com/
article/SB113632569172436840.html
Particle Civics
When the Environmental Protection Agency cuts allowable particle pollution levels more than 45 percent, you might expect commendations from environmentalists and the press. You’d be disappointed. EPA recently proposed reducing allowable daily levels of fine particulate matter (PM2.5) from 65 micrograms per cubic meter (ug/m3) down to 35 ug/m3. The change would nearly double the number of pollution monitoring locations that violate federal PM2.5 standards.[i] Environmentalists were unimpressed. Clean Air Watch complained “President Bush Gives Early Christmas Present to Smokestack Industries.”[ii] According to the American Lung Association “EPA Proposes ‘Status Quo’ Revisions to PM [Standards].”[iii] Some newspapers didn’t do any better. The Atlanta Journal-Constitution’s front-page headline claimed “EPA barely budges on soot; Health advice disregarded.”[iv] According to the New York Times, EPA “modestly” reduced allowable PM2.5, and “largely ignored recommendations for tighter controls from its own scientists and from an independent panel of outside experts.”[v] A more realistic assessment is that EPA substantially tightened its PM2.5 standard, but by a bit less than its science advisory panel recommended, and not by nearly as much as environmentalists wanted. That this could be called “status quo” is a mark of how detached from reality the bizarre world of air pollution politics has become....
Enviros' Agenda Is Selfishness and Greed
Why then are there particular places where housing costs have skyrocketed? In those places, much of the land is prevented by law from being used to build housing. These land use restrictions are seldom called land use restrictions. They are called by much prettier names, like "open space" laws, laws to "preserve farmland" or prevent "sprawl," "greenbelt" laws -- or whatever else will sell politically. People who already own their own homes don't worry about whether such laws will drive housing prices sky high. Somebody else will have to pay those prices while existing homeowners see the value of their property rise by leaps and bounds. Meanwhile, land that might otherwise provide homes for others becomes in effect free park land for themselves, while such upscale communities use "open space" laws to keep out the masses. The crowning touch is that such self-interest is depicted as idealism. A famous economist named Joseph Schumpeter once said that the first thing someone will do for his ideals is lie. Some people distinguish little white lies from black lies but the biggest lies of all are green lies. To hear environmental zealots tell it, they are just trying to save the last few patches of greenery from being paved over. But in fact the land area of the United States covered by forests is more than three times as large as the land area covered by all the cities and towns across the nation. Only about 5 percent of the land is urban. In other words, you could double the size of every city and town in America and still nine-tenths of the land would be undeveloped....
Attending The PETA Class Reunion? Bring Your Parole Officer
The arrest of six suspects in a string of eco-terror arsons has generated a string of related stories, including many about the jail-cell suicide of one defendant described as the "ringleader" behind eco-terror fires in several states. In a follow-up report that caught our eye, The Seattle Times talked to defendant Kevin Tubbs' mother. Tubbs is charged with setting a $1.2 million fire in June 1998 which consumed the USDA's Animal and Plant and Health Inspection Service facility in Olympia, Washington. He's also accused of torching 35 sport-utility vehicles at a Eugene, Oregon car dealership. And according to his mother, he used to work for People for the Ethical Treatment of Animals (PETA). In 1993, an Associated Press photographer snapped a picture of Tubbs and PETA employee Matt Rossell, after the two were arrested for trying to disrupt a meeting of cattle ranchers. Tubbs wore a colorful cow costume. And the following year, Tubbs (then described by The Philadelphia Inquirer as "a PETA supervisor"), was charged with assault after he and two PETA interns attempted to douse the headquarters of a pharmaceutical company with buckets of urine. Unfortunately for PETA, they ended up drenching several police officers by mistake....
AGAINST THE GRAIN
When seen in the context of the global biotech landscape, Europe's continued ambivalence toward genetically modified (GM) crops seems strangely anomalous in what has clearly become a global trend, says Christian Verschueren, director-general of CropLife International, the global lobbying group for the plant science industry.
Just look at the statistics:
* The year 2005 saw the planting of the one billionth acre of genetically modified crops in the world, and marked the 10th anniversary of the first commercial planting.
* Last year alone, more than 81 million hectares of the world's arable land were sown with genetically modified seed by over eight million farmers in 17 countries -- a 20 percent increase on the previous year.
* In Spain -- the pariah state of the EU when it comes to the cultivation of biotech crops -- farmers planted 58,000 hectares of insect-resistant maize in 2004, an increase of 80 percent on the previous year's level.
This maize is resistant to the corn borer, a pest known to decimate entire harvests, and has brought great benefits for the Spanish farming community. Not only has it ensured an unusual level of crop and income security for Spanish farmers -- increasing their crop yields and contributing to a 12 percent jump in their gross margins -- but it has simultaneously allowed them to use pesticides in a more targeted fashion.
In the notoriously unpredictable business of farming, these results are making big differences -- and causing waves among farmers in other European countries who are beginning to look enviously toward the south.
Economically speaking, GM crops represent a winning proposition. Over the first nine years of commercial biotech crop cultivation, there was an estimated global increase in net farm incomes of $27 billion, says Verschueren.
Source: Christian Verschueren, "Against the Grain," Wall Street Journal, January 4, 2005.
For text (subscription required): http://online.wsj.com/
article/SB113632569172436840.html
Particle Civics
When the Environmental Protection Agency cuts allowable particle pollution levels more than 45 percent, you might expect commendations from environmentalists and the press. You’d be disappointed. EPA recently proposed reducing allowable daily levels of fine particulate matter (PM2.5) from 65 micrograms per cubic meter (ug/m3) down to 35 ug/m3. The change would nearly double the number of pollution monitoring locations that violate federal PM2.5 standards.[i] Environmentalists were unimpressed. Clean Air Watch complained “President Bush Gives Early Christmas Present to Smokestack Industries.”[ii] According to the American Lung Association “EPA Proposes ‘Status Quo’ Revisions to PM [Standards].”[iii] Some newspapers didn’t do any better. The Atlanta Journal-Constitution’s front-page headline claimed “EPA barely budges on soot; Health advice disregarded.”[iv] According to the New York Times, EPA “modestly” reduced allowable PM2.5, and “largely ignored recommendations for tighter controls from its own scientists and from an independent panel of outside experts.”[v] A more realistic assessment is that EPA substantially tightened its PM2.5 standard, but by a bit less than its science advisory panel recommended, and not by nearly as much as environmentalists wanted. That this could be called “status quo” is a mark of how detached from reality the bizarre world of air pollution politics has become....
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