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And you thought everything would change when Christie Whitman left EPA. After all, we got a western Governor in the top spot. I'm sure the back-tracking on this key issue had nothing to do with this meeting. Looks like someone will have to sue Bush to get him to implement the Supreme Court decision.
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Bush administration abandons effort to rewrite wetlands regulations

WASHINGTON (AP) President Bush is abandoning a plan that could have further reduced wetlands protections even though his administration has said their occasional use by farmers, migratory birds or endangered species isn't reason enough to stop developers from filling them in.

Mike Leavitt, the new administrator of the Environmental Protection Agency, said Tuesday that Bush personally made the decision ''not to issue a rule that could reduce'' further wetlands protections under the Clean Water Act.

Leavitt said the administration wants to avoid ''a contentious and lengthy rule-making debate'' over disputed environmental benefits or losses by putting into force advisory guidelines issued in January.

The administration recognizes the ecological value of remaining wetlands that function as ''nature's kidneys'' by filtering pollutants, Leavitt said, explaining Bush's decision to drop a formal rule-making process since then.

The Supreme Court ruled in 2001 in a Chicago-area case that isolated ponds and mudflats should not be afforded Clean Water Act protections if only to provide habitat for migratory birds.

The EPA and the Army Corps of Engineers issued the January guidelines for carrying out the court's decision. Environmentalists said those guidelines went beyond the court ruling by adding ''endangered species'' and ''crop irrigation'' as insufficient grounds for protecting wetlands, isolated streams, ponds and marshes that don't cross state lines.

At the same time, the administration began crafting new regulations specifically to exclude isolated ponds and streams, many of them dry for part of the year, as protected wetlands under the law.

Chandler Morse, a policy analyst for the National Association of Home Builders, said the guidelines have created even more inconsistency and unpredictability on whether developers must get permits from the Corps of Engineers before filling isolated wetlands.

''Not moving ahead with the rule-making is going to leave the problems around,'' he said. ''There just isn't a lot of information on what this all means.''

Last month, 218 House members, including 26 Republicans, independent Rep. Bernie Sanders of Vermont and all but 14 of the House's 205 Democrats, signed a letter to Bush urging him to scrap what they called an attempt ''to remove federal protection from waters ... that have been covered by the Clean Water Act for decades.''

EPA has estimated that as much one-fifth of the current 100 million acres of wetlands in the United States, a full 20 million acres, could be considered isolated. Other Bush administration officials have put that figure at as low as 45,000 acres.

''We're happy that they've decided not to go forward,'' said Malia Hale, a water policy specialist at the National Wildlife Federation. ''However, the guidance still stands out there.''

Tracy Mehan, who oversees the EPA Office of Water, said the Supreme Court's decision and guidelines implementing it have had little impact on wetlands so far.

NEWS ROUNDUP

Fish and Wildlife Service faulted in Southern California wildfires Officials say efforts to battle California wildfires were hampered because the US Fish and Wildlife Service delayed their request for controlled burns. The city of San Bernardino received funding from the federal government in 1995 to burn areas of heavy brush near the San Bernardino National Forest. But it took the Fish and Wildlife Service seven years to conclude the burns would not jeopardize rare animals and plants. That decision came just a few months before the Old Fire destroyed hundreds of homes. The city was preparing public hearings on the burn when the fire started...Forest Service approves food storage order After two years of revisions, the U.S. Forest Service approved an order to keep food away from bears in more parts of the Bridger-Teton and Shoshone national forests, officials said Tuesday. The order spells out how food, pet food, dead game animals, livestock grains and feeds, garbage and hygiene items should be stored by forest users so they don't attract bears. Forest Service officials say the order, which has drawn criticism and threats of litigation from several Wyoming counties, is necessary to address increasing bear and human encounters and ensure visitor safety...Supervisors approve revised Frank Church Wilderness plan Supervisors of four national forests have signed off on a revised management plan for central Idaho's 4.2 million-acre Frank Church-River of No Return Wilderness. The wilderness plan, a decade in the making, includes increases in Salmon River jet boat use by allowing the boats to stay longer, changes in float boating on the Salmon's main and middle forks and changes at wilderness airstrips. It also provides broad direction to forest managers...Klamath Tribes release forest restoration plan Pressing a campaign to regain control over 690,000 acres of national forest taken from them in the 1960s and 1970s, the Klamath Tribes have formed a plan to restore elements of the forest the way it was before a century of logging. The plan, produced by two of the Northwest's leading foresters, would represent one of the biggest forest restoration projects in the West...BuzzFlash interview: Robert F. Kennedy, Jr. For his entire adult life, Robert F. Kennedy has fought to protect our environment. In a recent lengthy commentary in Rolling Stone Magazine, Kennedy issued a brilliant, impassioned, well-documented indictment of the Bush administration for its assault on the air, water, and land owned by all Americans for our common good. BuzzFlash recently interviewed Kennedy about his case against the Bush administration's ruinous policies toward the environment...Pot guards endanger land users Mexican cartels have taken over much of California's marijuana farming, boosting both the potency of the drug and the propensity for violence from armed guards protecting the crop, the nation's drug czar said Monday. They're planting huge marijuana plots on public lands, creating a growing danger to hikers and hunters stumbling into the line of fire, said John Walters, director of National Drug Control Policy, in advance of appearances today in Reno and South Lake Tahoe, Nev...Federal lawsuit filed over climbing ban at Tahoe landmark A rock climbing group filed a lawsuit Monday in federal court challenging a U.S. Forest Service management plan that bans climbing on Cave Rock, a landmark on Lake Tahoe's east shore. The Forest Service has agreed to postpone until May implementation of its Cave Rock management plan, which means it's OK to climb there for the time being...Riders, nature-lovers agree: Give land a rest Tire ruts appearing on San Diego County's newly burned hillsides have prompted an unusual alliance of off-road enthusiasts and environmentalists to carry a single message: Stay off the burned lands while they heal. Don't go off trails, even if the now-cleared countryside looks tempting...Bush Administration to Cut Key Salmon-Protection Measures The Bush administration's attempt to eliminate protections for imperiled salmon and steelhead in the Columbia and Snake River Basin drew concern today from a coalition of businesses, fishermen and conservationists. The coalition sent a letter to the President arguing that a decision to eliminate summer spill would be a "serious blow" to salmon-dependent communities and would jeopardize the long-term survival of salmon throughout the Basin. Similar letters from the State of Alaska and the Alaska Trollers' Association have also been sent...Tiny owl may lose U.S. protection The U.S. agency that put the pygmy owl on the endangered species list now wants it taken off, which would make it easier to develop thousands of acres of prime Northwest Side land. The U.S. Fish and Wildlife Service filed papers last week asking a federal judge to drop the listing of the tiny cactus ferruginous pygmy owl, whose protection transformed the politics of growth in Pima County. Echoing arguments made by home build-ers' groups, the Wildlife Service said a 9th Circuit Court of Appeals ruling in August leaves a lower District Court judge no choice but to take the owl off the list...U.S. to Delist Ariz. Agave As Endangered Federal wildlife officials plan to take the Arizona agave off the nation's list of endangered species because scientific studies concluded that the plant is a hybrid. "It hasn't progressed far enough on the evolutionary path to call it a species. Not to say it couldn't, but it hasn't gotten there yet," said Mima Falk, a plant ecologist with the U.S. Fish and Wildlife Service...Man charged in aerial coyote hunt A man who survived a small plane crash that killed the pilot pleaded not guilty Monday in federal court to a misdemeanor charge of aerial hunting of coyotes on the Crow Indian Reservation without a permit. The criminal complaint charges Paul A. Garrison, who was injured when the Piper PA-22 he was riding in went down Feb. 20 about six miles east of Garryowen. Pilot Jeff Puente was killed...Park snowmobiling dealt blow It was supposed to have been a merry Christmas party for the 200 or so employees of West Yellowstone's Holiday Inn, and for an extra hour it was. Then Clyde Seely, owner of the lodge, stood up and broke the news: "I didn't want to spoil this night, but an hour ago we learned the judge struck down the Bush plan to allow snowmobiling in Yellowstone (National Park). At this point we don't know the full ramifications of the decision," he said. "I'm sorry." U.S. District Judge Emmet Sullivan ruled late Tuesday in Washington, D.C., that the Bush administration should not have set aside a Clinton administration plan to ban snowmobiles from the national park. Sullivan's ruling effectively reinstated a Clinton phase-out plan. Now, under that plan, 490 snowmobiles per day will be allowed through the four gates to the park this season, and unless the decision is overturned, the park will be closed to the machines next winter. Under the Bush plan, 950 of the cleaner, quieter machines were to have been allowed into the park each day for years to come...Looter gets 37 months in prison in stolen artifact case in Vegas An Oklahoma man who admitted his role in a theft ring that netted thousands of pilfered relics from throughout the West has received one of the longest prison sentences ever in a case involving stolen artifacts, authorities said Tuesday. Bobbie Wilkie, 45, of Oklahoma City, was sentenced Monday in U.S. District Court in Las Vegas to 37 months in federal prison and was ordered to pay $102,000 in restitution, Nevada's U.S. Attorney Daniel Bogden said...Pilgrim family member found guilty of doing park business without permit A man living inside Wrangell-St. Elias National Park was found guilty of taking an undercover ranger on a paid horseback excursion without a permit. Federal magistrate Harry Branson said Joshua Hale _ who is part of the 17-member Pilgrim family embroiled in a dispute with the government over park access _ knew that Bonanza Mine was part of the national park and that he needed a permit to guide there. But his family accepted $200 from the ranger and Hale took him on a horseback trip to the mine above Kennecott, the magistrate said. In the nonjury trial, Branson found Hale, 23, guilty of the misdemeanor crime of doing business on federal land without a permit...Wild Land or Disneyland? As though do-it-yourself river access weren't already limited at Grand Canyon National Park, Park Service officials in the Bush Administration have announced a "freeze" on accepting applications for river permits for those who don't want a large-sized, commercialized experience on one of the world's most sought-after wilderness rivers. The Administration's Park Service freeze applies only to those seeking a permit to run the river on self-guided and mostly oar-powered trips, while commercial outfitters, who already hold a tight 70% of access to the river, are allowed to continue selling seats for their large motor trips. The current system of permitting has resulted in 20+ year waits for people seeking an authentic wilderness river experience...Scientists say Desert Act limits them Roland Brady used to study geological faults in the Mojave Desert, work that he hoped would lead to a better understanding of earthquakes and help to build structures more resistant to the shaking of the ground. No more. With passage of the Desert Protection Act in 1993 and its implementation the following year, the Cal State Fresno professor says he found himself hamstrung by new regulations and restrictions. The act set aside large areas of Bureau of Land Management territory and regions of Death Valley as wilderness. It also created the Mojave National Preserve, much of it designated as wilderness. Mechanized equipment is banned in wilderness areas. The prohibition applies not only to off-road vehicles - making it impractical for scientists to trek for miles with heavy research supplies or simply access remote areas on foot - but even things such as a tape recorder that might be placed in a study zone to gather data...EPA battles Canadian company over river pollution It's not often the United States serves as a dumping ground for a foreign factory, but that is happening in the remote northeast corner of Washington. The Environmental Protection Agency is trying to force a Canadian company to clean up decades of toxic smelter wastes that have flowed down the Columbia River into Lake Roosevelt in the United States...Western Shoshone payments challenged The Western Shoshone have found an ally in U.S. Rep. Raul Grijalva to join their near half-century long land battle with the federal government. The Arizona congressman is taking the Department of Interior to task asking some hard-line questions and requesting bundles of documents related to land and treaty rights directly connected with the current distribution bill which considers one-time payments to the tribe. In a four-page letter, dated Nov. 17 and addressed to Interior Secretary Gale Norton, Grijalva, D-Ariz. asked the department to cite the law the government used to take title to Western Shoshone land, called for the release of reports justifying the agency's recent treatment of the tribe and demanded information regarding any meetings or communications the agency has had with special interests eyeing the land for potential energy development. Although Grijalva said the letter isn't meant to be accusatory or demanding in nature its tone is quite clear. He wants everything laid out on the table so Congress can make an informed decision on H.R. 884, better known as the "Western Shoshone Distribution Bill." Grijalva said he hopes at least to get some "factual answers" to all the questions he raises in his letter...Theft Hampers Archaeology Site Protection Ranger Jason Caffey was on routine patrol, miles from anywhere, when he saw it: A rockshelter that archaeologists had been excavating for a decade was looted, scooped out in the middle with thousands of stone artifacts and bone fragments cast aside. But since Caffey's discovery in June in rugged, remote north-central Wyoming, no arrests have been made and leads have been limited. The vandalism points out the difficulty that a limited number of federal officials in the field face in protecting remote archaeological sites containing valuable artifacts...Ranching proposal faces criticism Proposed new federal rules would improve grazing management and help continue public lands ranching in the rural West, some say. "This proposed rule will help public lands ranchers stay on the land," Interior Secretary Gale Norton recently told the Joint Stockmen's Convention in Albuquerque. Others say the rules will perpetuate a subsidized industry and make it harder for the public to get involved in decisions that affect public lands...Top Fish and Wildlife Priorities Discussed President George W. Bush along with Interior Secretary Gale Norton and Agriculture Secretary Ann Veneman met with Theodore Roosevelt Conservation Partnership Chairman Jim Range and representatives from several of the country's leading hunting and angling organizations Friday at the White House. The meeting was called in part to thank those in the group who had supported the President's Healthy Forest Initiative which he signed into law as the Healthy Forest Restoration Act on November 21. The meeting also provided an opportunity for the President to address issues that the sporting community has recently identified as top priority conservation concerns...Bill would protect landowners from drilling Landowners would have more protections if their property is targeted for oil and gas development under a bill introduced by U.S. Reps. Mark Udall, D-Colo., and Tom Udall, D-N.M. The Western Waters and Surface Owners Protection Act was introduced just before Congress recessed for the year, after several efforts to add its provisions to the now-stalled energy bill failed. The bill would require oil and gas operators to replace water supplies lost or damaged due to development, outline steps to protect water resources and negotiate surface-use agreements with private landowners whose property sits over federal minerals. If an agreement cannot be reached, the bill provides for an alternative dispute mechanism to ensure good-faith negotiations...To see the bill, click here and enter H.R. 3698 ...Water plan under fire from rights holders New Mexico's first comprehensive state water plan is scheduled to come before Interstate Stream Commissioners today, but already the Assessment Payers Association of the Middle Rio Grande is complaining that historic water rights holders --­ including Indian tribes --­ "have every reason to be nervous." In the Assessment Payers November newsletter, "Watermark," put out by association member Lisa Roberts with direction from the board, a cover story states that, "Among the salient criticisms of the draft plan is the short shrift given to the protection of vested rights." Promises made under the Treaty of Guadalupe Hidalgo are not addressed in the plan and there is no mention of pre-1907 water rights, the newsletter said...Banks may have to choose between pumpers, trout farms Southern Idaho bankers said they have not had to side with groundwater users or trout producers when it comes to handing out operating loans. But a growing conflict over available water could change that. The dispute revolves around the effect of wells punched into the Snake River Plain Aquifer in eastern Idaho. That ultimately lowers the freshwater springs which supply the trout hatcheries downstream at Hagerman. Those trout farms often have earlier water rights than the groundwater pumpers. The state's dairy industry depends on that pumping...Agreement may put wolf at further risk, some say The recovery of the highly endangered Mexican wolf may be further at risk under a new agreement among federal, state and tribal leaders, conservationists say. They said the so-called memorandum of understanding places too much authority over the wolves with local officials and the livestock industry. The agreement, signed by only a handful of agencies so far, acknowledges the responsibilities of state, county and tribal governments for the welfare and protection of their citizens, and makes them an intricate part of the management process for the wolves...Non-lethal methods can resolve conflicts between bears and humans How do you keep a black bear from taking out the backyard bird feeder or going through your garbage? Play the sound of a helicopter, or flash a strobe light, say scientists from the New York-based Wildlife Conservation Society (WCS) and other organizations, who tested several non-lethal techniques to minimize conflicts between humans and large carnivores. The scientists, who published their results in the December edition of Conservation Biology, compared the effectiveness of non-lethal methods for keeping large carnivores away from human structures, livestock, and other potential conflict areas. They found that motion-activated lights and sounds can keep both large- and medium-sized predators away from food sources, thus preventing a clash that can result in large carnivores being destroyed...Editorial: Labeling law shouldn't be delayed The reasons country-of-origin labeling on food products is good for the United States are so overwhelming that it's appalling that it has been delayed. What is even more despicable is that the labeling law (COOL) has already passed; the debate has already taken place. COOL was passed by Congress and signed into law by President Bush as part of the 2002 Farm Bill...Court reinstates madcow suit against USDA A U.S. appeals court on Tuesday revived an animal protection group's lawsuit against the Department of Agriculture aimed at stopping the sale of "downed" animals for human food because of a fear of mad cow disease. In its ruling, the U.S. Second Circuit Court of Appeals reversed a trial court's finding that the Farm Sanctuary, based in upstate New York, and Fordham University professor Michael Baur had no standing to file the suit...Keeping Cows Safe From Terrorism That's the concern of the Department of Homeland Security, which announced Friday a $33 million plan for a pair of academic centers to combat possible terrorist attacks on America's livestock and food supply. The department contends that so-called "agroterrorism" is a "top priority for university research." But outside homeland security and biological defense circles, experts are deeply divided over how realistic the threat actually is...Group aims to market lamb to US Australia has joined forces with the United States and New Zealand to boost consumption of lamb in the United States and to avoid the difficulties faced in the market in the past. Four years ago the US Government increased the tariff on lamb imports from Australia and New Zealand in an attempt to protect local farmers from competition. The World Trade Organisation eventually ruled the tariff increase illegal and the US was forced to back down...East Texans dig in for land battle "Boogie" Feagin thought his little corner of Upshur County was his retirement castle, a scrub-pine slice of East Texas where a working man could run some cows and watch his grandkids play. But trouble arrived in his mailbox three months ago. Now the 69-year-old and his neighbors are worried that an arcane Texas legal maneuver known as a "vacancy claim" could cost them their homes and land...All 31 Brucellosis-infected cattle had been vaccinated for the disease All 31 cattle which tested positive for brucellosis on a ranch in the Boulder area had been vaccinated against the disease, according to a U.S. Department of Agriculture veterinarian. After answering Sublette County residents' questions during a 41/2-hour meeting in Pinedale Monday night, officials were deciding what to do next to contain the outbreak. They were weighing a number of options, including providing booster shots to Sublette County cattle. Bret Combs, a veterinarian with the USDA's Animal and Plant Health Inspection Service, said Tuesday that seven of the infected cattle had been inoculated with the Strain 19 vaccine and the rest with the newer RB51 vaccine, which began being administered around 1996...Railcar shortage hits U.S. A record 2003 corn crop, high grain prices and rising demand in Europe and Asia for wheat and soybeans are factors contributing to railcar shortages, the Agriculture Marketing Service indicated in its weekly grain and transportation report. As a result, grain is being stored on the ground in many locations...Borders may be open to beef by 2004 As 2003 draws to a close, area beef producers are optimistic that the American border will reopen to Canadian beef early in the new year. A comment period to the American government on a proposal to reopen the border, which was closed on May 20 after one breeder cow in Alberta tested positive for Bovine Spongiform Encephalopathy (BSE), will end on Jan. 5, 2004. Lyle Vanclief, federal minister of agriculture, reportedly told media recently that he expects the border to reopen to live animals younger than 30 months within a week following the Jan. 5 deadline for comments, but one area farmer thinks that's optimistic...Members of the Senate will work to restore COOL -- Grassley Although supporters of Country of Origin Labeling have expressed hope that the Senate will stop a two-year delay in mandatory country of origin labeling when it votes on a spending bill next January, that's not likely to happen, the Chair of the Senate Finance Committee said Tuesday. "It will not be stopped in the Senate on January 20, but I would not preclude activity in the next appropriations process," said Senator Chuck Grassley (R-IA)...Time, progress change cowboys' job description Few things in western history have changed as drastically as the job descriptions of the American cowboy. Our long-time vision of a tall, bowlegged, sunburned, weathered, chapped and spurred rugged individual seems to have all but disappeared from the western scene. Perhaps it is because of the ever-changing job descriptions he endures. At one time, the cowboy arose before daylight, topped off his bronc for the day, then rode the wide-open ranges until late evening, tending livestock and enjoying complete freedom. In the 1880s, barbed wire was invented and the chore of fence building and repair was added to his duties...Fans want former rider in hall of fame It's been decades since "Brownie" Smith last settled down on top a saddle bronc, nodded to the men holding the gate latch and exploded into rodeo arenas all around southwest Montana. But her horsemanship skills and ability to make a good ride haven't been forgotten. And now people around Montana are working to see Smith's achievements as a cowgirl be remembered forever as a member of the National Cowgirl Museum and Hall of Fame. "The first I can remember seeing Brownie ride was at a rodeo in Dillon," remembers Jim Eighorn of Melrose in his nomination letter. "She made an exhibition saddle bronc ride that made your hair stand on end...

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Damn, just accidently deleted four and a half hours work!!
Tune in tomorrow and I will get it all posted.
Damn.

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NEWS ROUNDUP

Money matters When wildfires threaten homes or forests - and especially when they can be seen from populated areas - a sense of urgency dominates the atmosphere as thickly as the blazes' smoke. The call goes out to "save" structures and habitat, and at that point, nobody asks how much a bulldozer, helicopter or hand crew will charge. But this year, as fire suppression costs nationwide top $1 billion, including at least $112 million in Montana alone, many people are wondering exactly what we're buying with that money...Heavy equipment costs $3.2 million When the heavy metal thundered into the Lincoln area to help combat the Moose/Wasson and Snow/Talon blazes, their operators were greeted with open arms. With hand crews and aircraft a limited commodity in the early days of the Lincoln Complex blazes, firefighters eagerly turned to bulldozers, skidgines, caterpillars and tractors to help cut lines around the fires in an effort to contain them. Within four days of the Snow/Talon's start, 20 water trucks, plus 14 bulldozers and skidgines - a hybrid piece of equipment that carries water for firefighting but also has a dozer-type blade on it - were at the scene, ready to work on dousing the flames...Gov report shows some cost cutting To many people, it seems as though when a wildfire begins, the United States Forest Service just opens its checkbook and starts writing, with little regard for the bottom line. However, a report by the Forest Service that looked at how the Lincoln Complex Fires were managed does show some cost-cutting attempts while also noting a couple of issues that had a "direct and negative impact" on cost containment efforts...Editorial: Big spending on wildfires To someone whose home was spared from wildfire by the quick, determined and costly efforts of firefighters, it might seem churlish to worry very much about the costly part. But, as today's stories by reporter Eve Byron reveal, some of those costs are mind-boggling. It takes nothing away from the fire bosses' courage and willingness to do whatever it takes to battle a forest fire to ask whether the job can be done for a cheaper price. That's a question, however, that can't even be discussed until people know in detail how current policies are working. That's why Rep. Hal Jacobson, D-Helena, and other legislators are seeking a performance audit to get a better handle on the spending. Jacobson, a member of the legislative audit committee, and Rep. Dave Lewis, R-Helena, a former state budget director, note that when the state gets a bill for $27 million for its share of this year's firefighting costs, maybe it's time for the state to have a say on how that firefighting is managed...Rapidly multiplying invasive species pose host of dangers to U.S. Even in this age of heightened security, dangerous invaders continue to infiltrate the United States. While they may appear harmless, they've got a rap sheet a mile long. Their infiltration threatens human health; it lays waste to fields, forests and waterways; and it costs the nation billions of dollars each year. These foreign critters are what scientists call "invasive species," and they're the No. 2 cause of death to endangered species -- beating out pollution, overharvesting, disease and global warming. They cause grave medical problems, damage crops, and can restrict trade...Colo. report on proposed drilling diluted wildlife recommendations Some recommendations for protecting wildlife amid proposed gas drilling on the Roan Plateau of northwest Colorado were omitted from a state report, prompting criticism from an environmental group. The Colorado Division of Wildlife's suggestions that four areas be protected from development were left out of the state's final report to the federal Bureau of Land Management, internal records show...Reviving species - with a puppet and planes It has to be one of man's strangest odysseys since Orville and Wilbur Wright - human beings dressed as birds flying machines with birds following who think that those humans - in their planes - are birds. But humans go to great lengths to snub Darwin: Like the reintroduction of red wolves and elk in the Smoky Mountains, this was part of a wider effort to drag animals back from the brink of extinction and repopulate regions with species that have disappeared. Florida was the cranes' winter home before they died off in the East; this journey was designed to show them back to their old habitat...Young Bald Eagles Are 'Recruited' for Relocation Jim Spickler scales a 100-foot Sitka spruce and perches at the edge of an eagle's nest, but his job is only half done. Next, he speaks to the 8-week-old raptors in the nest, just long enough to coax them into a padded nylon bag. Then he makes the descent. For the past two summers, Spickler has been on a recruiting drive that could return bald eagles to Channel Islands National Park off the coast of Southern California. The native population on the islands was wiped out by DDT...Riverbed changes owners The Black River courses through the rolling hills of Interior Alaska, past an isolated Gwich'in village and some summer fish camps. This remote waterway became something of a national issue this fall when the state of Alaska took title to its gravelly bottom, courtesy of the federal Bureau of Land Management. A paperwork transfer involving a little-known river in a far-flung corner of Alaska normally wouldn't stir ripples of interest among politicians, tribal leaders and environmentalists alike. But in this case, it marked the first time a state laid claim to a riverbed under a new fast-track approach by the Bush administration aimed at turning more federal land over to states. The BLM action opens the door for Alaska to gain control over thousands of rivers across the state. Alaska gained control of the Black River because of a policy shift at the Department of Interior ushered in by the Bush administration. Last February, the BLM revised its "recordable disclaimer of interest" regulations to make it easier for states to gain title over riverbeds and historic rights of way on public land, such as wagon and sled dog trails, cattle paths, and mining and trapper routes, for example. In Alaska, common examples include the Stampede Trail in Denali National Park, the Girdwood to Eagle River Trail, and the Chilkoot Trail outside Skagway...Road project endangers bats Snoozing in an abandoned church by day and crossing a two-lane highway by night to feed on insects, a colony of endangered and highly sensitive bats has somehow settled in a stretch of forest in rural, west-central Pennsylvania. But a proposal to build a new bridge across U.S. 22 in Blair County could disrupt their flight pattern. Wildlife experts are worried that the Indiana bats could be killed by moving vehicles at a far higher rate than they already get hit, potentially wiping out a particularly unusual colony...Trip to Yellowstone puts pupils in virtual valley A group of New Lenox middle school pupils recently visited Yellowstone National Park's Hayden Valley--without having to sell a single candy bar or roll of wrapping paper to raise money for the trip. That's because the 23 pupils at Liberty Junior High School visited the park's valley on a "virtual tour" via laptop computers as part of their earth science lesson. Yellowstone's Education Program unleashed the 50-minute virtual field trip, dubbed "Zooming in on Hayden Valley," in November, the third of its electronic field trips. Dianne Zinkel, a 7th-grade science teacher at Liberty, jumped at the chance to give her pupils a real-life look at the valley, in the center of Yellowstone Park in Wyoming, and relate it to the curriculum on weathering and erosion last week...Bush Plans Drilling in Untapped Alaska Oil Reserve Across the western Arctic sprawls an Indiana-sized land mass dotted with lakes, populated by migratory birds and other wildlife, and packed with potential oil riches. The National Petroleum Reserve of Alaska (NPR-A), wedged between the foothills of the rugged Brooks Range and the icy Arctic coastline, is about 120 miles from the better-known Arctic National Wildlife Refuge (ANWR). The NPR-A was set aside 80 years ago as an energy storehouse for the U.S. military, but the reserve has yet to send a barrel of oil to market...Spotted owl kin complicates status The northern spotted owl, icon of the Pacific Northwest timber wars a decade ago, now faces a threat at least as imposing as loggers: its bigger, badder cousin, the barred owl. The threat posed by the nonnative barred owl, reviewed by a panel of scientists Friday at Washington State University Vancouver, could influence a re-assessment of the northern spotted owl's status as a threatened species. The owl's 1990 listing sparked an uproar after a federal judge halted all federal timber sales to protect the owl's dwindling habitat in old growth forests...Court tosses timber ruling A federal appellate court on Thursday struck down a Sacramento judge's refusal to block a major logging project in Eldorado National Forest, telling the judge he applied the wrong legal standard for an injunction. One of the appellate judges even questioned whether the U.S. Forest Service can be trusted to administer such projects, since it derives all the proceeds...EPA rules may mean curbs on barbecuing, lawn mowing as focus switches from industry Southeast Michigan officials who are studying ways to comply with tough new federal air pollution rules warn that no source of smog is sacred. Not even the family barbecue. Cars and factories still emit most of Metro Detroit's air pollution, but residents also will be asked to sacrifice to meet tough new U.S. Environmental Protection Agency ozone regulations that begin taking effect in 2007 and could cost the region tens of millions of dollars...Bush routes revised clean air policy to EPA Convinced that its effort to revamp the Clean Air Act is stalemated in Congress, the Bush administration is pushing the policies, which govern pollution from power plants, through regulation rather than legislation. This week the Environmental Protection Agency plans to release a pair of proposals that closely track President Bush's proposed amendments to the Clean Air Act, known as the Clear Skies Initiative. The regulations share the same timelines, limits and trading mechanisms for three of the main pollutants released from burning fossil fuels: mercury, sulfur dioxide and nitrogen oxides. Both proposals would expand the current pollution trading systems for sulfur dioxide and nitrogen oxides and introduce a new one for mercury...Brazil: Anti-Logging Activist Missing in Amazon Delta Greenpeace has admitted it is "deeply, deeply worried" about a British activist who has gone missing from one of its ships in the Amazon delta. Yesterday the Brazilian authorities launched an investigation into whether her disappearance is linked to the group's campaign against illegal logging...Beef exports to United States surging Beef exports to the United States have surged with November recording the largest amount ever shipped in a single month. Attractive prices on offer in the US are encouraging exporters to send more product to the market, which now accounts for almost half of Australia's total exports. Peter Weeks, Chief Market analyst with Meat and Livestock Australia, says the surge in shipments to North America will mean Australia may now fill the export quota when earlier in the year that looked impossible...New Jersey's bear hunt ends with 328 confirmed kills New Jersey's first bear hunt in 33 years, prompted by rising numbers of run-ins with humans, ended with hunters taking about 10 percent of the state's estimated bear population. The six-day hunt ended Saturday evening with 328 confirmed kills -- 209 females and 119 males, state Division of Fish and Wildlife Director Martin McHugh said...To Protect Ecosystem, Grand Canyon Hopes to Evict Buffalo The bison trample vegetation, defecate in ponds, pollute springs and create wallows, said Elaine Leslie, a wildlife biologist at the Grand Canyon. Some of the soil they tread on has also begun to erode, putting trees and plants at risk. Consequently, park officials have met with the state to discuss how to remove the bison, which the state owns and maintains on land outside the park. "We need to figure out how to get these animals out of the park eventually," Leslie said...Wyoming ranchers sweat as brucellosis found in cattle herd Three dozen cattle in a Wyoming herd tested positive for a highly contagious bacterial infection that, if widespread, would sharply limit the state's export of cattle, prompt the slaughter of tainted livestock and cause millions of dollars in losses. Even before Donald "Doc" Jensen's entire herd of 391 Hereford cattle was tested for brucellosis, Colorado blocked import of cattle from a sweeping region of Wyoming. Idaho, Montana, Nebraska and Utah are poised to follow suit if the National Veterinary Services Laboratories in Ames, Iowa, confirms state lab test results, according to the Wyoming governor's office...First cutting horse champion has legendary status The story of Hub is one that seems almost made up. It has a noble beginning and a sweet ending. It reads like a children's book designed to teach values and character. It is a true story -- certainly one that has been gently massaged over the years -- but it remains faithful to the events, nevertheless. It began in the early 1880s near Jacksboro, northwest of Fort Worth. Bill Wood, a horse trainer who lived on Keechi Creek just outside Jacksboro, had a little bay that Graves dearly coveted. As it turned out, Graves had no money, and Wood needed fence rails. A bargain was struck. Graves split 2,000 rails in payment for Hub. The legend began...

America's future: A nation of renters

The generation that fought so hard to save the world from communism is now working feverishly to condemn America's future to socialism. Through dozens of programs, all designed to "protect" the land from development, we are transforming America from the land of the free, to a nation of renters.

Nearly every week, The Nature Conservancy announces a new scheme to "protect" vast stretches of land through outright purchase, the purchase of development rights or through conservation easements. TNC claims they have protected nearly 12 million acres already, and have their eye on another 3 million acres in Alabama and Tennessee. There are more than 1,200 similar "conservancy" organizations in the United States, all doing the same thing.

When a person fragments the title to his land with a perpetual conservation easement, or by selling development rights, he is, in effect, robbing future generations of the opportunity to make their own decisions about how to use the land. What right do we have to deny future generations the use of prime real estate?

The Nature Conservancy paints a pretty picture during the sales pitch: "Imagine a vast natural playground stretching from North Alabama into Central Tennessee. Imagine forests, meadows, rivers and wetlands open to the public for hunting, fishing, canoeing and hiking. Imagine farms managed to be both self-sustaining and environmentally responsible."

Sounds good, until the "open to the public" goes away. And who decides if, and when, and how long the area may be open to the public? Who decides how to manage the farms? The owner, of course -- The Nature Conservancy. The private owners who are convinced to sell development rights or conservation easements sell their right to use their land in any way that's not agreeable to The Nature Conservancy. When it comes time to sell the land for retirement or to pay medical bills, the land has little value, except to The Nature Conservancy. The price is no longer subject to market demand; it is virtually useless.

When The Nature Conservancy acquires the remaining rights to the land, are they under any obligation to keep the land open to the public? No. Their practice has been to use the land for development, for logging, for oil, or for whatever purpose they desire, including selling vast portions of unusable land to the government -- often for a profit.

The campaign to save "the last great places" and all open space has been incredibly successful and even more ridiculous. There is no shortage of space in the United States. Less than 5 percent of the land area is developed, according to the federal government. There is plenty of space, but less and less of it is owned by private individuals.

Governments own nearly 42 percent of the land area and are buying more land every day. Conservancy organizations are buying land for their own "preserves" and selling what they don't want to government. Not only are we stealing our children's birthright, we are condemning them to eventually live in a socialist state, where government owns all the sources of production.

In every community where there is an "open space" bond initiative on the ballot, people should organize to defeat it. In every community where local government is planning to install a "comprehensive plan" to dictate the future use of private property, people should organize to defeat it.

At the rate we are now transferring private property to government, and to its surrogate "conservancy" organizations, it will take only a few more generations before all the land is under government ownership or control. America will then truly be a socialist nation.

Had this trend begun a hundred years ago, we would already be a socialist nation of renters, subject to the whims of government. When there is no more private land to produce property tax, will the government stop collecting tax? Hardly. The government will allow us to work its land and tax our productivity to whatever extent it wishes. That's how it works in socialist nations.

This march toward socialism can be reversed by first recognizing the gross disservice to future generations of our current land-grabbing policies. Then we should force government to begin divesting its gigantic inventories of land, returning it to the private sector where it can again be the basis of our free-market economy.

This can happen only if we have an informed electorate that recognizes the dangers inherent in the present trend, and then works to elect officials at every level of government who share this belief in free markets and are committed to keeping America the land of the free.
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Henry Lamb is the executive vice president of the Environmental Conservation Organization and chairman of Sovereignty International.

Combine Mr. Lamb's article with the 9th Circuit Court decision in Big Meadows Grazing Association vs. US(pdf) which found the following:

No less than half of the wetlands n1 in the continental United States have been destroyed since 1600. n2 To counter this trend, the Natural Resource Conservation Service of the Department of Agriculture established the Wetlands Reserve Program (the "WRP") to provide landowners an opportunity to protect, restore, and enhance wetlands on their property. n3 Big Meadows Grazing Association ("Big Meadows) sold the United States a conservation easement so that part of Big Meadows' property could be enrolled in the WRP. When Big Meadows and the United States subsequently disagreed on what conservation[**2] activities would occur on the property, the government began unilaterally implementing its proposed conservation plan. Big Meadows sued, seeking in pertinent part a declaratory judgment that implementation of the conservation plan without its approval would violate 16 U.S.C. 3837a. The district court granted summary judgment for the government, ruling that the government need not obtain Big Meadows' approval before implementing the conservation plan. Big Meadows [*942] timely appealed. Because 3837a neither requires Big Meadows' assent to the conservation plan nor requires that the agreement to implement a conservation plan be made apart from the easement, we affirm.

NOTE TO READERS
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My friend Tick sent me the article about the Horse Whisperers. That reminds me to say if you have items that should be on this blog, by all means share them. Also, if you have suggestions on how to make this a better site, please send them to me.

Thanks

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NEWS ROUNDUP

Judge halts restoration from fire in Sequoia National Forest A plan to restore burned areas of Sequoia National Forest was halted by a federal judge who said it could ruin habitat for endangered species. Environmentalists sued to prevent the forest's Burnt Ridge project from removing fire-damaged trees from a 4,200-acre section of the forest charred in the McNally fire last year. The fire burned more than 150,000 acres and threatened groves of ancient sequoias. U.S. District Judge Robert Coyle said the work could cause "irreparable injury" to species that dwell in old-growth forests and use burned trees as habitat, such as the California spotted owl and the Pacific fisher...Forest Service moves ahead with Madan sale Forest service officials are moving ahead with a timber sale near Wrangell over objections from environmentalists. Deputy Regional Forester Steve Brink denied appeals from the Southeast Alaska Conservation Council, the Sitka Conservation Council and one from a private citizen objecting to the Madan timber sale. The Madan sale will allow 26.5 million board feet to be harvested on 2,118 acres about eight miles southeast of Wrangell. It calls for more than 18 miles of new roads and a log transfer facilities...Water agency to make up for fish kill The Sonoma County Water Agency has agreed to spend $190,000 to improve fish habitat after its accidental discharge of 2 million gallons of drinking water killed 22 steelhead trout in Santa Rosa Creek last year. The fish, listed as "threatened" under the federal Endangered Species Act, died from traces of chlorine added to drinking water to kill pathogens, said Randy Poole, general manager of the Water Agency. The chlorine is added as the water is pumped from the Russian River and into a 2-foot-diameter pipeline that supplies 8 million gallons of water a day to the city of Sonoma and Sonoma Valley...Mouse derails trail progress Once again, the little Preble's jumping mouse has shown what a mighty mouse it is. The final stretch of the Pleasant Valley Trail, which has been under construction for the past few months, has been put on hold until next year because part of the route crosses mouse habitat. "We decided not to proceed this winter," said Charlie Gindler of Larimer County Parks and Open Lands. The county had hoped to complete the trail this winter, but now officials are looking at late summer or fall 2004. The portion of the trail from the Bellvue Baptist Church to the Watson Lake entrance is potential jumping mouse habitat, Gindler said, which will require a habitat conservation plan. The plan will be submitted as part of a bridge permit application and must be approved by the U.S. Fish and Wildlife Service...Yellowstone winter bookings fall 16 percent Winter room reservations at Yellowstone National Park are down 16 percent this year, and the park's concessionaire blames confusion about new rules limiting snowmobiles. ''There's a big difference between this year and last,'' said Rick Hoeninghausen, director of sales and marketing for Xanterra Parks & Resorts. ''There are questions about where winter use is going. Last year, we knew what we could do in winter. There were no questions, no lawsuits. This year, we've got more confusion.''...Officials rule on snowmobile access to Yellowstone The final rule limits the number of snowmobiles that will be allowed in the parks and requires guided access for both commercial and noncommercial snowmobiles to protect wildlife. It also limits air emissions and effects to the natural soundscape by requiring the best available noise- and pollution-reducing technology for snowmobiles. For the winter season of 2003-2004 in Yellowstone National Park, the rule allows only 950 snowmobiles in the park each day, and all of them must have a snowmobile entrance reservation. Eighty percent of all snowmobiles must be commercially guided and must make reservations through a guide company...Pilgrim son takes turn on witness stand Joshua Hale took the witness stand Friday in U.S. District Court and said he led an undercover ranger on a paid horseback riding trip in Wrangell-St. Elias National Park and Preserve because the ranger insisted. But Hale, who is part of the Pilgrim family in McCarthy that has been fighting with the park over access issues, said he didn't agree to take ranger Stephen Rooker on a tour of old buildings at the Bonanza Mine, which is on federal land. "I agreed to provide a horse for hire ... a way for him to get high on the mountain," Hale, 23, told Magistrate Harry Branson. Hale, a bearded man who wore an orange button-down shirt and black vest, gave testimony that often was at odds with Rooker's from the day before. Hale faces a misdemeanor charge of operating a business in Wrangell-St. Elias National Park and Preserve without a permit...Editorial: Facts ignored in Yellowstone If Bush administration officials had done their job correctly, Yellowstone National Park would not be facing a tricky dilemma this Wednesday. For more than two years, the administration has ignored the science and public opinion arrayed against recreational snowmobiles in Yellowstone. As a result, two events will come together this week. The Yellowstone snowmobile season is slated to open - and a federal judge may be asked to shut it down the same day...Column: Let USDA be guided by Interior on grazing That surely was a rancher-friendly signal that came out of the U.S. Department of the Interior 10 days ago, as Secretary Gale Norton proposed new rules for federal acres managed by the Bureau of Land Management. What the BLM does is important, because it is Washington's biggest land manager: 261 million acres, mostly in the West, of which 160 million are grazed. Only 59,000 of those acres are in North Dakota, though, so the impact here will be small. Our big federal player is the U.S. Forest Service, of the U.S. Department of Agriculture, with 1.1 million acres, mostly in the Badlands country. Rule changes proposed by the Forest Service have caused a firestorm among ranchers there and are now under review by a team of range scientists. Dare we hope that, as Norton reshapes BLM policy, the USDA is watching and will be inspired to make similar changes at the Forest Service?...BLM approves Newmont mine project near Battle Mountain Newmont Mining Corp. has cleared a big hurdle in its bid to open a major mine near Battle Mountain. The Bureau of Land Management's Battle Mountain office approved the proposed Phoenix Project 12 miles south of the struggling mining town. The gold and copper mine is expected to employ up to 300 workers...Bush's Energy Policy Lives Where the Deer and the Antelope Play Whether this harms the wildlife in the Greater Yellowstone ecosystem or affects the air or water in the Wind River Mountains is unclear. But it is clear that here in the Upper Green, as the area is called, the Bush administration's energy policies have come to life. The antelopes' migration route and the winter range of thousands of mule deer lie atop an estimated 7 trillion to 10 trillion cubic feet of natural gas -- more than 4 percent of the nation's reserves, according to Don J. Likwartz, Wyoming's oil and gas supervisor...BLM adjusts desert plan Complaints from three Newberry Springs area mines and from environmentalists have prompted the U.S. Bureau of Land Management to adjust part of a new desert plan, a bureau official said Friday. Three mines objected to being in the area of concern, saying its boundaries should be east of the Pisgah Crater. And environmentalists agreed with mining interests in the matter. The California Native Plant Society, an environmental group that seeks protection for plants, complained that the proposed area of concern wasn't covering the places where plant protection was needed...State may seek to reform property tax policy The state could be approaching Mohave County soon for its support in reforming property tax policies so that businesses that lease federal lands could be taxed, said the La Paz County assessor George Nault. According to Nault, Governor Janet Napolitano's office recently said the state could be utilizing more than $3 billion locked up in tax-exempt property. The hope, he said, is that the money could help erase the state deficit. "The state is going to approach every county and ask their opinion if they're for or against," Nault said...Infected bighorns regaining eyesight An outbreak of pinkeye has blinded at least nine desert bighorn sheep in the Silverbell Mountains northwest of Tucson, leading to the shotgun deaths of two dozen goats suspected of contaminating the sheep. Wildlife officials suspect the spreading pinkeye is linked to the arrival of 4,800 domestic goats this fall on the nearby La Osa Ranch. George Johnson, operator of the Pinal County ranch, brought in the goats to graze on leased state and federal lands. A storm in early November spooked the goats, and about 100 of them slipped through the ranch's fences and into the bordering national monument, said Carl Woehlecke, ranch manager...Feedlot waste alters fish characteristics Hormones that leak into streams from cattle feedlots are altering the sexual characteristics of wild fish, demasculinizing the males and defeminizing the females, according to a newly released study. The study, which examined minnows in three streams that flow into Nebraska's Elkhorn River, suggests that cattle operations pose a previously unknown effect on the environment. About 30 million head of cattle are raised in U.S. feedlots per year, and nearly all are implanted with growth-promoting synthetic hormones...Column: EPA Giftwraps Presents for Industry The Environmental Protection Agency has been as busy as Santa's elves during the fall season making, however, regulations that bring dismay instead of joy. The newest proposed regulation comes as is usual in this administration, as a gift to industry and not to the environment. It's nothing more than a coincidence that the biggest gift goes to Texas but the rest of the country will feel the effect of this gift as well. The newest proposed regulation is only the most recent in a string of regulations that have been issued...Utah plan establishes pollution cap for parks Utah Gov. Olene Walker on Friday signed the state's plan to establish a cap on haze-forming air pollution in national parks that is generated by Western power plants and industrial sources. "Utah's plan is a significant milestone because it represents a regional approach to reducing haze in the West's most celebrated national parks," Walker said. The plan is part of a multistate effort known as the Western Regional Air Partnership that focuses primarily on reducing sulfur dioxide, mostly from coal-fired industrial plants. It now goes to the Environmental Protection Agency...Official warns states to plan for less Colorado River water California and Nevada must begin planning how they will reduce water consumption if the West's drought persists, a top federal water official said Friday. Lake Mead could shrink so much during 2004 that the federal Bureau of Reclamation would have to suspend deliveries of "surplus" Colorado River water to the two states, said Bennett Raley, assistant interiorsecretary for water and science. The lake formed by Hoover Dam supplies Las Vegas with virtually all of its drinking water and helps quench Southern California's thirst...Long drought shrinking Great Salt Lake The Great Salt Lake has disappeared here, just outside Salt Lake City, along the first mile of the causeway leading from the mainland to Antelope Island, a refuge for coyotes, bison, bobcats and antelope. This is what things have come to in Utah as five years of drought has dried up rivers, sucked water out of reservoirs, parched fields, and turned forests into tinderboxes across the West. The largest lake west of the Mississippi River - usually about 75 miles long and 28 miles wide - has shrunk to its lowest level in 33 years, leaving longtime observers wondering how low it will go...Water lost to Mexico at center of dispute One of Mexico's top water officials bristled at suggestions Thursday that his country was taking advantage of unused water flowing down the Colorado River, water that U.S. officials say has further depleted drought-stricken Lake Mead. The water, as much as 1 million acre-feet over the past five years, arrives with too little warning and is often of poor quality, said Arturo Herrera Solis, commissioner of the Mexican section of the International Boundary and Water Commission...Column: Maybe Friends of Animals' Feral would like to take wolves home Why is it people in Alaska seem to be getting so upset about Friends of Animals going ape over plans for killing wolves in the McGrath area? The shocking thing would be if the Connecticut-based animal-rights organization wasn't making a fuss. From the standpoint of Friends, any sort of wolf control in Alaska is an irresistible target, and not just because it involves killing wolves. Consider for a moment the goal of the McGrath wolf kill. The goal is to allow more moose to survive the fangs of predators over the winter. This could, in turn, mean a few more moose for McGrath hunters to kill and eat next fall...Land war ends but new battle looms Colorado's oldest land war is over in the courts, but another fight looms as the rivals sit down to find a way to share the 77,500-acre landscape known as La Sierra. "It's time to swallow the ego pill and realize this is bigger than any of our differences," Costilla County Commissioner Joe Gallegos said. "So much depends on how well we work together." The devil is in that detail. The U.S. Supreme Court this week let stand a 2002 Colorado Supreme Court ruling that restores grazing, timber-cutting and wood-gathering rights to about 1,000 landowners with deeds that date back to an 1844 Mexican land grant. Now, those landowners, along with La Sierra's current owner - former Enron executive Lou Pai - and the community have to agree on how to share the forests and meadows...Fort Worth Hosts Competition for Horse Whisperers They may not whisper, but with gentle strokes and loving nudges, some trainers can turn a frightened horse into an obedient equine. Three trainers commonly called "horse whisperers" are participating in El Camino del Caballo, or Road to the Horse, a teaching clinic and competition at the Cowtown Coliseum in Fort Worth's historic Stockyards. After leading educational sessions for horse owners Friday afternoon, each competitor was to start working with an untamed quarter horse that night. Josh Lyons, 27, of Parachute, Colo.; Curt Pate, 42, of Helena, Mont.; and Clinton Anderson, 28, a Queensland, Australia, native who now lives in Sterling, Ill., are working with colts that have never been saddled or ridden...Thieves get buck for their bang For 48 hours, former National Finals Rodeo qualifying bucking bull Speck was missing. The bull, who had qualified for the world's biggest and richest rodeo three times, and the black cargo trailer in which he travels were stolen Tuesday night from a parking lot at the Plaza. Fortunately, animal and trailer turned up safe in the Circus Circus parking lot early Thursday evening. During the bull's absence, his caretaker's biggest fear wasn't about the animal going hungry, because Speck is always stuffed...On The Edge Of Common Sense: Cripple Creek Calvin has run-in with snakey mare Calvin said he wasn't that good at gettin' hurt. Of course, some would say he didn't have to try that hard. He's still ridin' bronky horses even though his deductible is up to $45,000. Some would have thought he should have waited more than two months after the knee surgery to try out the snakey mare; at least he started in the round corral. Some would say that naming his North Carolina ranch the Cripple Creek Livestock Co. became a self-fulfilling prophecy. It explained his perpetual lameness...Christmas I Remember: Daddy's dentures made for memorable holiday Colleen Chadwick has beautiful memories of the many Christmases she has spent with her family on her parents´ small ranch located in South Central Oklahoma. Those were the typical memories of family gatherings with lots of good food, laughter, visiting and teasing with her brothers and sister. One particular Christmas that stands out in her mind is a blend of the traditional Norman Rockwell-type celebration entertwined with the hilarious. If it were made into a movie, it would be titled a “National Lampoon´s Christmas Vacation in Oklahoma.”...

OPINION/COMMENTARY

Endangered Species Act is 30; hold toasts

For 13 years, a lot of people in California's Central Valley were put through a lot of costly hassles because federal officials decided to protect an "endangered" flower that, it now turns out, isn't anywhere near extinction — and never was. This saga of bureaucratic bungling carries a blunt moral: federal endangered species law desperately needs reforming.

Lovers of flora naturally admire the simple nobility of the Hoover's woolly-star, an annual herb with gray fuzzy stems and tiny, white-to-pale-blue flowers. But sound science never dictated that this plant, which grows like a weed up and down the Central Valley, should have been classified as "threatened." That was the designation given by the U.S. Fish and Wildlife Service (FWS) in 1990. Recently, the bureaucrats backtracked, removing the special protections and admitting they were never needed.

So how did the non-threatened woolly star make the "threatened" list back in 1990? The answer goes to the heart of the defects in the 30-year-old federal Endangered Species Act. Billed as a shield for vulnerable animals and plants, the ESA is too easily used as a sword by anti-growth forces.

Cynicism and junk science

Clumsily written, it invites the cynical use of "junk science" to justify labeling hale-and-hearty plants and creatures as "endangered" in order to sideline housing construction and other land-use projects.

For instance, the ESA doesn't require up-to-date research before an official prognosis of a species' status. Old studies — or studies from a different geographical area — are deemed good enough for this kind of government work. Also, officials don't have to take account of economic impact, so species safeguards aren't tailored to minimize the hit on jobs.

Flawed survey

In the case of the Hoover's woolly-star, regulators decided that it was threatened based on surveys that looked at only limited regions and that had been conducted during a Central Valley drought. You might wonder how trained federal botanists could have missed the elementary biological principle that vegetation will drastically fluctuate depending on annual rainfall, but that's what happened.

In rushing to declare the herb imperiled, federal biologists also failed to consider that it's not on the menu of sheep, cows, or other herbivores; that it can be found in varied landscapes and locations from the Mojave Desert to coastal mountains; and that, all in all, it is remarkably resilient, capable of withstanding heavy foot and hoof traffic. Populations have been identified in Kings, Los Angeles, and San Benito Counties. In the Central Valley, it spreads like a weed after rains.

All this the FWS now, belatedly, acknowledges — after a decade of monitoring and micromanaging lands and landowners. This new realism is cold comfort for those who chafed under the regulations for so long. More than 286,000 acres of private and public lands were impacted. Grazing, oil, and gas development, and other economically beneficial uses of public lands were curtailed, and expensive, taxpayer-funded monitoring programs were imposed. Private landowners had to tiptoe around the protected herb or risk high fines or even jail time.

Many will second the FWS official who recently called the ESA a "broken law." The 30th birthday of this woolley-headed statute would be a time for celebrating — if Congress recalls it for a major overhaul.

NEWS ROUNDUP

U.S. Says Court Decisions Slowing Forest Road Ban The U.S. Agriculture Department said on Friday a barrage of court decisions blocking a Clinton-era plan to protect millions of acres of forest land has forced the agency to make significant changes and slowed implementation of the rule. The measure, signed days before President Clinton left office in January, 2001, would prevent road construction and the removal of oil or lumber from 58.5 million acres of federal forest land, unless needed for environmental reasons or to reduce the risk of wildfires. But the so-called "roadless rule" has since been subjected to nearly a dozen lawsuits, mostly from western states which harbor many of the trees that would be protected...Grazing rules put ranchers in the saddle California ranchers gain while environmentalists seethe under sweeping new grazing rules unveiled by the Bush administration this week. In a marked reversal from previous public-land policies, the Interior Department now is pushing grazing plans that largely ease ranchers' burdens. "We're very pleased, actually," Ben Higgins, executive vice president of the California Cattlemen's Association, said Tuesday. "They took the industry's input into consideration," Higgins said, "and we're hopeful that these rules at the end of the day will provide for greater management flexibility." The new proposals, for instance, will make federal land managers take into account economic and social circumstances, not just habitat protection, when deciding whether to reduce grazing levels...Logging of Forest Near Lake Tahoe Halted A federal appeals court ruled Thursday that forest burned by a 2001 fire near Lake Tahoe cannot be logged despite government fears of renewed fire danger. A three-judge panel of the 9th U.S. Circuit Court of Appeals faulted forest officials for approving the cutting plan without adequately considering the California spotted owl and other environmental concerns. In approving the cutting on 1,700 acres, the U.S. Forest Service said the burned area was so ravaged, it was no longer attractive to owls. Environmental group Earth Island Institute sued to block the cutting, alleging owls still lived in the area...Senate supports Winchester Bay land swap Senators Ron Wyden, D-Ore., and Gordon Smith, R-Ore., who sponsored Senate Resolution 714, announced its approval in a joint press release. The proposal calls for the U.S. Bureau of Land Management to turn over 68.5 acres west of the Salmon Harbor RV Park to county control. SR 714 is calculated to improve safety and access to the Oregon Dunes National Recreation Area by providing a staging area for all-terrain vehicles, thereby keeping them off Salmon Harbor Drive, currently the only access route to the dunes. Bringing the area under county policing also is intended to better prevent unauthorized camping and parking, according to the press release. The bill would bring centralized law enforcement to parcels currently overseen by the state, BLM, U.S. Forest Service, U.S. Army Corps of Engineers and U.S. Coast Guard...Weyerhaeuser stole thousands of trees, ex-investigator testifies A former U.S. Forest Service investigator testified yesterday that Weyerhaeuser stole at least 66,000 healthy trees from Oregon in the early 1990s but the agency never recovered damages or prosecuted any corporate officials. Dennis Shrader told a judge that he briefed former Forest Service chief Jack Ward Thomas about the potential scope of the alleged theft but instead of taking action, the agency disbanded the investigative unit. Shrader testified that he had feared Weyerhaeuser would exert political pressure on the agency and the Clinton administration -- and the decision in April 1995 to disband the Timber Theft Task Force created by Congress in 1991 to investigate the industry suggested his concerns were legitimate...Daschle seeks to end ESA review of prairie dogs Sen. Tom Daschle, D-S.D., has urged the U.S. Fish and Wildlife Service to end a review of prairie dogs as potential candidates for protection under the Endangered Species Act. In a letter to Fish and Wildlife Service director Steven A. Williams, Daschle cited substantial prairie dog populations in South Dakota, and said, "The notion that the prairie dog is threatened defies logic." In 2000, the Fish and Wildlife Service found that the black-tailed prairie dog deserved listing as a threatened species, but the agency delayed an official listing until it finishes with higher-priority species. Significant recent studies have concluded that prairie dogs are not threatened and do not meet the definition of an endangered species, according to a news release from Daschle...Carbon County takes aim at wolves As of Thursday, wolves in Carbon County are considered "problem predators" under current federal management. The county commissioners voted unanimously to adopt a resolution that uses their state authority to establish predatory animal control to protect livestock. The resolution endorses part of the draft state wolf management plan and calls for the federal government to quickly remove wolves' protected status under the Endangered Species Act. Once wolves are placed under state wildlife management, the resolution calls for seeking federal money to reimburse the state for management efforts. The resolution also takes a jab at the U.S. Fish and Wildlife Service for not "acknowledging or notifying Carbon County and its citizens of the presence of wolves, nor are they managing wolves in Carbon County." The commissioners and some of the more than 50 people who attended their meeting at the county courthouse chastised the FWS for not sending a representative to the meeting...Another record year for Columbia salmon returns More than 920,000 chinook salmon passed the Bonneville Dam fish counters this year, breaking last year's record, reported the Federal Caucus, the nine federal agencies engaged in salmon recovery efforts in the Columbia River Basin. The 2003 results announced Friday are the largest returns since construction of the Bonneville Dam was completed in 1938 and far exceed the most recent 10-year average of 399,000. Similar encouraging adult-return numbers were reported at Bonneville for other species: 364,000 steelhead, 126,000 coho and 39,000 sockeye, with both steelhead and coho well above their 10-year averages...Federal judge rejects species law Sullivan, in a 47-page ruling, said "flagrant violations" were committed when the Clinton administration first adopted the so-called "no surprises policy" in 1994 without public input. "The public has consistently been denied the opportunity to be notified of substantive changes to regulations enforcing the ESA (Endangered Species Act), and to weigh in on decisions likely to have significant effects on public resources," the Washington, D.C., jurist said. The policy was built into habitat conservation plans as a way to give developers assurances that once they comply with a plan, they won't have to face further building restrictions or fees, even if new species are listed or more habitat is required to protect a species. The judge essentially told the U.S. Department of Interior to revise the policy in a way that would include the public's voice. In addition, he invalidated a companion policy that set forth circumstances in which "no surprises" assurances could be revoked...Feds out to kill wolf pack that preyed on sheep Federal biologists plan to kill three members of the Lone Bear wolf pack to scare the pack away from an area where the predators killed at least 17 sheep on two Paradise Valley ranches. The U.S. Fish and Wildlife Service also issued kill-on-site permits to the two ranch owners and another adjacent landowner, allowing them to kill up to two wolves each on their ranches about 13 miles south of Livingston...Pilgrim son accused of running trail tour without permit The Pilgrims are back in federal court to answer allegations that a family member led an undercover ranger on a commercial horseback tour in Wrangell-St. Elias National Park and Preserve without a proper license. The National Park Service contends that Joshua Hale _ the family's legal last name _ took ranger Stephen Rooker from Kennicott to Bonanza Mine in August but didn't have a permit to conduct business on federal land. In U.S. District court Thursday, Joshua Hale's defense attorney argued the road from Kennicott to the mine is a state right of way, a contention similar to the one the family is using in a pending federal case over access to their homestead. In documents filed Thursday, the federal government said the Pilgrims have failed to justify their request that a federal judge reconsider his ruling against them in that case...Park Service files response in Pilgrim family case The Pilgrim family failed to justify its request that a federal judge reconsider his ruling against them in their access feud with the Wrangell-St. Elias National Park, federal officials said in documents filed Thursday. The Pilgrims, whose legal name is Hale, "merely rehash arguments that this court has already properly considered and rejected," federal attorney Bruce Landon wrote in a 20-page opposition to the request. U.S. District Judge Ralph Beistline ruled last month that the National Park Service had the right to require a permit before the Pilgrims can use a bulldozer to haul supplies over a historic mining route to their property inside the park. Beistline said the 17-member family must go through the permit process...10,000 stolen relics from American West recovered in probe More than 10,000 artifacts taken from historic sites throughout the West have been recovered as part of one of the largest archaeological cases ever investigated, authorities said. The two-year investigation, dubbed Operation Indian Rocks, has led to a ring of relic hunters who were stealing remnants of the past, including arrowheads, ancient corncobs, hammer-stones and clay figurine fragments, the Las Vegas Sun reported Thursday. The last major defendant in the case, Nevada resident Bobbie Wilkie, has pleaded guilty to two counts of excavation and removal of archaeological resources and aiding and abetting. His sentencing was scheduled for Monday in U.S. District Court in Las Vegas...Mutiny in the Parks Park Service employees are a typically loyal bunch who just want to work in nature and preserve national treasures. But as federal outsourcing begins in earnest, many retired Park Service employees are voicing concerns with the agency's current leadership. One hundred and twenty-six Park Service retirees -- former rangers, superintendents and regional directors --signed an Aug. 26 letter to current Park Service Director Fran Mainella condemning her support of Bush administration park initiatives in no uncertain terms. Today the National Park Service is no longer being run wholly in the interest of the public which it serves, the letter stated, citing an opinion piece in The Tennessean in which Mainella had argued that President Bush's Clear Skies plan is the affordable way to go....EPA wrestling with politics, workers say in survey EPA employees in the Rocky Mountain region say that politics is taking precedence over science in the agency's work, resulting in a lack of consistent enforcement of environmental laws and low morale among staffers, a survey found. "Politics now plays a pre-eminent role in day-to-day work at EPA," said Chandra Rosenthal, director of the Rocky Mountain chapter of Public Employees for Environmental Responsibility. The advocacy group sponsored the survey, which was released Wednesday...Interior disciplines 4 behind proposed San Rafael Swell land swap The Interior Department has disciplined four officials behind a Utah land swap and reformed its land appraisal process after an investigation revealed they concealed details that showed the exchange would have shortchanged taxpayers. Sen. Charles Grassley, R-Iowa, had singled out the actions of the attorneys and negotiators behind a proposed land exchange in Utah's San Rafael Swell, saying they misled Congress and top Interior officials. He also demanded to know whether the Interior Secretary Gale Norton considered such behavior acceptable...

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There will be no news or commentary this morning.

I returned home late after attending the Memorial Service for Congressman Joe Skeen. It was a moving experience. Joe was a personal friend and a great advocate for producers and rural citizens across the nation. All of the NM Congressional delegation was there, as well as the Governor, former Governors and many other dignitaries. It was a beautiful service for a wonderful man.

My strength will return and I will be back posting the latest news and commentary later today.
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NEWS ROUNDUP

Rehberg fights for backcountry airstrips Chuck Jarecki's preferred mode of transportation into the wilderness is his Cessna 180. The 65-year-old Polson resident is urging lawmakers to implement a law to prevent federal officials from closing backcountry airstrips. "The airstrips are basically like a trailhead," the retired rancher explains. "It's like the end of the road for a car. It's a point from where you can access the wilderness." Environmentalists oppose the effort, saying remote airstrips harm wildlife and ruin the wilderness experience for other people. "More motors, more noise, more speed all violate the intent of national monuments, wilderness areas and wildlife areas," Montana Wilderness Association field representative Mark Good said. "There need to be some areas where there are no motors." Rep. Denny Rehberg, R-Mont., is a strong supporter of the bill, HR 2776, that would require the Interior and Agriculture departments to consult with state aviation departments and the Federal Aviation Administration before attempting to close airstrips. It would also require the federal government to give 90 days notice by publishing its plans in the Federal Register, giving pilots time to review the plans...U.S. judge rules for BLM in CBM leases The Bureau of Land Management in Montana acted properly when it issued leases for coalbed methane before conducting a comprehensive environmental study of the activity, a federal judge ruled Wednesday. Senior U.S. District Judge Jack Shanstrom adopted the findings and recommendations of U.S. Magistrate Richard Anderson and granted summary judgment in favor of the BLM. The Northern Plains Resource Council sued BLM in 2001, saying the agency failed to properly study the potential effects of developing coalbed methane with an environmental impact statement before issuing leases between 1997 and 2001. As a result, the leases were invalid, NPRC said...MT GOP still wants all federal land; bad idea, say Schweitzer and access group The Montana Republican Party still wants the state to take over all the federal land in Montana, with the exception of military bases. "Be it resolved that the Montana Republican Party supports the transfer of administration of all federal lands, excluding military installations, in Montana to the State of Montana," says a resolution posted on the party's Web site. The plank is there even though former Gov. Marc. Racicot, a Republican, decided years ago that the state didn't have the money or manpower to manage an extra 30 million acres...West Texans Sizzle Over a Plan to Sell Their Water Angry West Texans and some state officials are demanding a halt to a deal that allows a group of politically well-connected Midland oilmen to tap the desert and sell billions of gallons of water from the state's public reserves. The venture was advancing without announcement or competitive bidding by the powerful Texas General Land Office, which controls 20 million acres of public lands and the liquids and minerals beneath them. The agency has never licensed private sale of its water. The eight-man water partnership, Rio Nuevo Ltd., seeks to be the first, pumping out and selling some 16 billion gallons a year to municipalities and ranchers in drought-parched far west Texas, where many people fear that their own wells could go dry as a result. Since last year, people involved in the matter say, the land office -- steward of a nearly $18 billion permanent school fund to benefit public education -- has given an exclusive hearing to Rio Nuevo, prodded by the speaker of the Texas House, Tom Craddick, Republican of Midland. The proposed deal has raised a ruckus in this remote town of 6,000 and its Big Bend country sister communities Marfa and Marathon. Since the news leaked out two months ago, lawmakers and others have called on the land commissioner, Jerry Patterson, to avoid any action pending further examination...Committee proposes land grant legislation Members of a new legislative committee proposed legislation Wednesday intended to address what they said were decades of injustices committed against land grant heirs and communities. "Some rulings have been imposed against you, and that's why we've proposed legislation. We don't want to see that happen in the future," Land Grant Committee Chairman Rep. Miguel Garcia, D-Albuquerque, told land grant representatives who filled the committee room. "We've seen where the Legislature has worked with the courts to swindle land grant holders from their property," he said. "They do it legally, but not morally. "We've been part of the problem," Garcia said. "Now we're trying to be part of the solution." One of the proposals to be introduced in the legislative session in January would direct the Office of Cultural Affairs and state Attorney General's Office to work together to determine if there is any land owned by the state that was "obtained through dishonest, unjust or illegal means" from land grant holders...Disease on Down the Road It's easy to look at disease outbreaks as acts of God, or fate, or chance. After all, diseases are often so capricious, so stubbornly beyond our full control, that it can seem as if we humans have little to do with them -- beyond suffering the consequences, that is. But in many cases, argues journalist and veterinarian Mark Jerome Walters, we have far more influence over disease than we think. In Six Modern Plagues and How We Are Causing Them, he contends that disease outbreaks are often triggered by the damage we've done to the environment. To build his case, Walters looks at the origins of mad cow disease, HIV/AIDS, an antibiotic-resistant strain of salmonella, Lyme disease, hantavirus, and West Nile virus. In each case, he finds evidence that human manipulation of the environment is at least partly responsible for recent outbreaks. The modern epidemic of mad cow disease, for instance, was most likely sparked by the widespread and longstanding practice of "rendering," or using animal parts in cattle feed. The brisk bush-meat trade in some African markets may have been responsible for passing the HIV virus from apes to humans -- and could someday send new, similarly deadly viruses our way as well. There's also evidence that modern-day outbreaks of hantavirus pulmonary syndrome, an often-fatal respiratory disease carried by rodents in the U.S. Southwest, are linked to global climate change...NCBA is working on a new voluntary labeling program A task force of the National Cattlemen's Beef Association will be working over the next two months to come up with a voluntary labeling program for beef, leaders from the cattle producer group said Wednesday. The task force hopes to have a plan to present to NCBA members at their annual meeting in Phoenix at the end of January, NCBA vice president Jim McAdams told reporters today. The task force will meet with all representatives of the industry, including retailers that NCBA hopes will partner in a program to test consumer demand for beef with a U.S. origin label, said the Atkins, Texas cow-calf rancher...Cat kill worries Winston residents It's a regular residential neighborhood with children, pets, a nearby church and school -- and, residents believe, a cougar. Roger and Lori Bankes have lived on Winston's Parkway Drive off Thompson Avenue for four years. They'd never heard of a dangerous animal wandering around their home, until the family cat was killed early Monday morning. A neighbor, Freada Hanson, awoke around 1 a.m. Monday and says she saw a cougar walking in the street. She also discovered sizable pawprints in her yard. Monday afternoon, one house over, the Bankes' cat Oliver was found dead and mangled...Wyoming Man Treated for Brucellosis A man from Johnson County is being treated for brucellosis. Tracy Murphy of the State Health Department says the source of the disease has not been determined. The department was notified of the diagnosis last month. Murphy says there have been no other cases of brucellosis in humans and the agency doesn't have reason to believe the Johnson County case is a risk to others...Editorial: No More Big Straw: Legislature needs to rethink water laws They call it the "law of the big straw" in West Texas. And there's a good reason. The state's "rule of capture" law allows Texans to extract as much water as they want from an aquifer. This means those with the biggest straw get the biggest gulps from underground water supplies. Ranchers with big spreads, farmers with huge crops and cities with booming populations can draw out more groundwater than their smaller neighbors. It's been that way for 100 years, but Texas Land Commissioner Jerry Patterson wants to change the status quo. So does Texas Agriculture Commissioner Susan Combs. Both Republicans recently said they want the state to think anew about how much water Texans can draw from an aquifer... Ariz. Ranchers Sued by Civil Rights Group A monastery official and a human rights advocacy group sued a southern Arizona ranch family Wednesday, accusing them of impersonating federal agents and violating the rights of undocumented immigrants. Border Action Network, a human rights organization, and Donald J. Mackenzie, groundskeeper for and vice president of Summerland Monastery Inc., filed a lawsuit in U.S. District Court against Roger Barnett; his wife, Barbara, and his brother, incorrectly identified as Ralph. The lawsuit will be amended to correct the name Ralph to Donald, attorney Jesus Romo said. The civil action accuses the Barnetts of conspiracy to interfere with the civil rights of immigrants and seeks preliminary and permanent injunctions against them...Senate Delays Vote On 2004 Ag Spending Until January The U.S. Senate will not vote on the fiscal year 2004 agriculture spending bill and legislation to block mandatory country-of-origin labeling until Jan. 20 at the earliest. Both issues are wrapped into an $820 billion "omnibus" appropriations bill the Senate had been scheduled to vote on Tuesday, a day after the House of Representatives approved it on Monday. Minority Leader Tom Daschle objected on the Senate floor Tuesday to the bill and specified mandatory country-of-origin labeling as a key issue of contention. "The omnibus legislation I have in front of me includes language actually delaying the implementation of country-of-origin labeling for two years," Daschle said. "The Senate passed country-of-origin labeling on two occasions - in May of 2002 as part of the farm bill, as well as just last month with a vote of 56 to 32."...