DIAMOND BAR/CATRON COUNTY LETTER
February 25, 2004
Marcia R. Andre, Forest Supervisor
Gila National Forest
3005 E. Camino del Bosque
Silver City, NM 88061
RE: Road Closure of Forest Road 150 in Catron County, NM
Dear Ms. Andre:
I appreciate your call late yesterday evening, and your offer that the Forest Service is willing to work with the County in regard to the Diamond Bar allotment dispute and your proposed closures of the public County road known as the Beaverhead Road, and the area within the allotment.
I would assume that that cooperation also means that the Forest Service will provide the County Commission with evidence to support the idea that the Forest Service would have any authority over a County Road in the first place. The County Commission would also need to see any factual verifiable and independent documentation, which you have to justify the implication of the existence of a public safety issue in regard to the Beaverhead Road. Of course, all of this documentation would need to be supplied to the Catron County Commission prior to any attempted closure of this County Road.
However, you should also know that the County's position in regard to the closure of a County Road by the Forest Service has not changed. Catron County and the Catron County Commission are firmly opposed to any closure of this public County road, also known as the Beaverhead or North Star Mesa Road, by the Forest Service or any other personnel representing any agency other than Catron County itself.
First, there is a very important legal point, which the Forest Service should consider prior to taking any action to close the Beaverhead Road or even the off-road area within the allotment. The County Attorney has thoroughly reviewed the Federal Court Orders, which were issued regarding the collection of cattle from the Diamond Bar Allotment. Your attorney in this matter furnished these Court Orders to him.
It is the Catron County Attorney's legal opinion that he can find no language or any indication within any of those Orders, which would provide the Forest Service with any legal authority to close any public County road, including the Beaverhead Road, or even to close the off-road area. In his legal opinion, these closures--whether of the area or the road--are separate issues from the rounding up, impounding, transporting or selling the cattle, which are addressed in the Orders.
Therefore, you do not seem to have any legal authority to close either the road, or even the off-road area. If you can factually justify that the County should close its own road due to a real, verifiable and documented public safety concern, we would certainly consider that.
Second, the closure of the Beaverhead Road by the Forest Service seems to be outside of the Forest Service's authority in the first place. This road was originally a public use road providing public access to various points and small towns in Western New Mexico. It was built by the State, and not by the Forest Service. In fact, this road pre-dates the Forest itself, and was in use by the public even prior to the surrounding land being set aside for Forest Service management. The County feels that this Road is a County road, not a Forest Service road.
The County is the agency that maintains the Beaverhead Road--not the Forest Service. In fact, the County feels that this Road is a County road, and not a Forest Service road.
The Forest Service has implied that there is a "public safety issue" to be considered in the closing of the Beaverhead Road. Until and unless the Forest Service can provide substantial, documented and independent evidence of a public safety issue the Road should not be closed. In fact, if there is indeed a public safety issue in regard to the Beaverhead Road, supported by substantial documented and independent evidence, the County should be informed in detail regarding that public safety issue.
Without that documentation, the County absolutely will not agree to the road closure, and will take whatever legal steps are necessary to prevent that improper closure of a County road by the Forest Service, including seeking a Court Order or Injunction to prevent that closure.
The Catron County Commission does not believe that there actually is a public safety issue involving public use of the Beaverhead Road. But even if there was a "need" to restrict access to the off-road area of the allotment while cattle were actually being collected or loaded by wranglers--again, supported by verifiable and independent proof of a "public safety concern"--there is not any justifiable or supportable reason to close through-traffic on a public road.
At the very most, all the Forest Service would be justified to do, if it can prove that the off-road area would need to be temporarily closed, would be to post signs instructing people to stay on the road during those specific times that cattle were being moved through the area. This would be a similar situation to any privately owned area, which has a public road going through it. There would certainly not be justification to close the road to through-traffic, simply because access to off-road areas was restricted.
The County believes that control of the County's own roads is a matter that needs to be decided by the County, and not an outside agency. The County especially believes that an outside agency does not have the right to close a road, which is maintained by the County for an indefinite period of time based upon some vague suggestion of "public safety" issues, or for any other unsubstantiated reason.
In the event that the road is closed after a thorough review of verifiable, independent documentation and only if and after such documentation substantially satisfies a real public safety danger, then any such closure should not be for an indefinite period of time—it should only be for a definite period of time that possibly could be extended only after a new review of all circumstances and only if the new review clearly demonstrated a continuing or a new real public safety danger.
Obviously, the inappropriate closure of the Beaverhead Road is a very serious issue, and should be considered to be a separate issue from any dispute involving land use by ranchers such as Kit Laney. However, Catron County citizens and the Commission also want to be clear that they oppose current Forest Service policies regarding livestock allotments and reductions of numbers of cattle on those allotments without evidence and documentation to support such a drastic resource management action. The County Commission also objects to the heavy-handed action of rounding up, shipping and then selling cattle belonging to a private Catron County citizen.
Of course, the County Commission, County officials and all citizens will comply with a lawful Court Order regarding removal of the cattle on the Diamond Bar allotment, at least until such point as those Orders may be over-turned legally. The Laney’s have also issued a public statement that they will not physically interfere with any actions taken to round up, load or transport the cattle covered in the Court Order.
At the same time, Catron County and the County Commission cannot agree to any closure of the Beaverhead Road by the Forest Service or any agency other than Catron County itself, and only in the event that a real public safety issue can be proven. This road is a public County road, maintained by the County, and the County holds the sole authority of that road.
This is certainly not any type of "battle" between the County and the Forest Service in spite of opinions on both sides, and I hope that we can cooperate with each other to resolve this.
Sincerely,
Ed Wehrheim, Chairman
Catron County Commission
cc: Harv Forsgren, Regional Forester, Region 3
cc: Annette Chavez, District Ranger, Wilderness Ranger District
Monday, March 08, 2004
For Immediate Release
03/08/2004 Contact:The Paragon Foundation, Inc.
(505) 434-8998
Attorney General Patricia Madrid Abandons New Mexico
Alamogordo, New Mexico—Opinion statement from Bob Jones, President of the Paragon Foundation, Inc.: In observing the actions of the Attorney General’s office, one can only form the opinion that it has contempt for the rights of the citizens of New Mexico and the laws it is sworn to uphold. Through the Attorney General’s office ― and it is believed with the support of Governor Bill Richardson ― the Attorney General has apparently brushed aside state water, property and livestock laws and decided that the federal government has seized control of state institutions and they should cooperate. She does this in spite of clear Supreme Court decisions that contradict her legal positions. As the saga of the Diamond Bar Ranch unfolds it becomes clear that the system of dual sovereignty, which has served our country and our state so well in the past, is seriously broken.
In Printz v. United States, 521 U.S. 898 (1997) the Supreme Court stated, “Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the States’ officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the State’s officers, or those of their political subdivisions, to administer, or enforce a federal regulatory program. It matters not whether policymaking is involved, and no case-by-case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty.”(Emphasis added)
A long history of case law clearly supports the principle that without a specific grant of jurisdiction from the State, the federal government is no more than a mere proprietor (owner) like any other proprietor that has no legislative sovereignty, police power, nor dominion. See Fort Leavenworth Ry. Co. v. Lowe 114 U.S. 525, 5S.Ct. 995(1885), Camfield v. United States 167 U.S. 518 (1896), Woodruff v. Mining Co., 18 Fed. 772, and others.
This is not rocket science, nor should it be. The Court in the Laney case cites no authority for co-opting the forces of New Mexico State government to serve the selfish ends of the Forest Service. The Forest Service’s “regulatory program” should not be “enforced” by New Mexico State government under the ruling and language of the Supreme Court’s decision in Printz. The question then is why are the Attorney General’s office and the New Mexico Livestock Board bending over backwards to cooperate with the Forest Service? Could it be that the “letters of resignation in advance” required by the Governor is what has brought the Livestock Board to heel?
The Attorney General’s office needlessly injects itself into the fray to find a solution for a lawless, bullying Forest Service. The AG’s office has actually facilitated an agreement between the New Mexico Livestock Board ― while keeping some Board members in the dark ― and the Forest Service to allow the seizure of a citizen’s private property under color of law. While the Attorney General’s office fiddles, New Mexico’s sovereignty and the peace and property of her citizens are destroyed.
###
03/08/2004 Contact:The Paragon Foundation, Inc.
(505) 434-8998
Attorney General Patricia Madrid Abandons New Mexico
Alamogordo, New Mexico—Opinion statement from Bob Jones, President of the Paragon Foundation, Inc.: In observing the actions of the Attorney General’s office, one can only form the opinion that it has contempt for the rights of the citizens of New Mexico and the laws it is sworn to uphold. Through the Attorney General’s office ― and it is believed with the support of Governor Bill Richardson ― the Attorney General has apparently brushed aside state water, property and livestock laws and decided that the federal government has seized control of state institutions and they should cooperate. She does this in spite of clear Supreme Court decisions that contradict her legal positions. As the saga of the Diamond Bar Ranch unfolds it becomes clear that the system of dual sovereignty, which has served our country and our state so well in the past, is seriously broken.
In Printz v. United States, 521 U.S. 898 (1997) the Supreme Court stated, “Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the States’ officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the State’s officers, or those of their political subdivisions, to administer, or enforce a federal regulatory program. It matters not whether policymaking is involved, and no case-by-case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty.”(Emphasis added)
A long history of case law clearly supports the principle that without a specific grant of jurisdiction from the State, the federal government is no more than a mere proprietor (owner) like any other proprietor that has no legislative sovereignty, police power, nor dominion. See Fort Leavenworth Ry. Co. v. Lowe 114 U.S. 525, 5S.Ct. 995(1885), Camfield v. United States 167 U.S. 518 (1896), Woodruff v. Mining Co., 18 Fed. 772, and others.
This is not rocket science, nor should it be. The Court in the Laney case cites no authority for co-opting the forces of New Mexico State government to serve the selfish ends of the Forest Service. The Forest Service’s “regulatory program” should not be “enforced” by New Mexico State government under the ruling and language of the Supreme Court’s decision in Printz. The question then is why are the Attorney General’s office and the New Mexico Livestock Board bending over backwards to cooperate with the Forest Service? Could it be that the “letters of resignation in advance” required by the Governor is what has brought the Livestock Board to heel?
The Attorney General’s office needlessly injects itself into the fray to find a solution for a lawless, bullying Forest Service. The AG’s office has actually facilitated an agreement between the New Mexico Livestock Board ― while keeping some Board members in the dark ― and the Forest Service to allow the seizure of a citizen’s private property under color of law. While the Attorney General’s office fiddles, New Mexico’s sovereignty and the peace and property of her citizens are destroyed.
###
NEWS ROUNDUP
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Perched at President Bush’s elbow for an hour-long White House meeting was John Tome, president of Ducks Unlimited, the nation’s largest waterfowl hunting group with 1 million members. It looked like a cozy gathering. George W. Bush’s father is the organization’s most celebrated member since John Wayne.... Fluttering Into Oblivion? Two of Southern California's rarest butterflies, the tiny Hermes copper and Thorne's hairstreak, could become the first known species in the state to be driven into extinction after the sweeping autumn wildfires. The butterflies are among two dozen endangered and threatened species that researchers are tracking after the devastating blazes, which scorched more than 740,000 acres and destroyed thousands of homes.... New council will strive to protect nature Gov. Gary Locke last week signed an executive order to establish the Washington Biodiversity Council. 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Conrad Burns and the governor, all Republicans, called for liberalized authority for residents to kill troublesome wolves, action that is now restricted under the animals' federally protected status. The stockgrowers association reiterated its appeal for wolf control.... Three wolves shot after calf deaths Three wolves which strayed as far south as the Twin Falls area were shot from the air after some cattle deaths. Fresh calf kills both Wednesday and Thursday night on rancher John McCallum's property near Hammett led to the authorization from the U.S. Fish and Wildlife Service to track and kill the wolves believed responsible, said Mark Collinge, director of the U.S. Department of Agriculture's Wildlife Services in Idaho. Agents in an airplane found three wolves in the area Friday and killed all of them, he said.... 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Wolverine expert argues against helicopter skiing A wolverine expert is asking the U.S. Forest Service to stop helicopter skiing in some areas of northwest Wyoming to protect the rare species. The Bridger-Teton National Forest is considering issuing a new five-year permit for High Mountain Heli-Skiing, but biologist Jeffrey Copeland argued that could hurt the chances of wolverines recolonizing the Snake River Range and Palisades Wilderness Study Area. He urged the Forest Service to reconsider the permit.... Officials say no easy answers in prairie dog debate One of the largest prairie dog colonies lies on the western side of the Pine Ridge Indian Reservation in western South Dakota, but wildlife biologists and ranchers disagree whether the animals are a menace that should be destroyed or a necessary part of the ecosystem. The prairie dog town is spread over an estimated 25,000 acres that stretch from the Bureau of Indian Affairs Highway 41 north of Oglala on the reservation to near the Fall River County line, about eight miles west.... Rhoads pleased with D.C. attitude on issues According to state Sen. Dean Rhoads, the Nevada Legislative Committee on Public Lands found a receptive audience during its recent trip to Washington, D.C. The possible listing of sage grouse on the endangered species list and the wild horse herds in Nevada were among the big topics of discussion during two days of meetings with federal officials and legislators.... Outfitter wants hot tubs in Idaho wilderness A backcountry outfitter has asked the Forest Service for permission to install hot tubs for tourists at three locations in central Idaho's Frank Church-River of No Return Wilderness, but agency officials say the application is drawing protests. Mile High Outfitters in Challis wants to install the tubs at Cabin Creek, Mile Hi and Cold Meadows to benefit people it guides on hunting, fishing and wolf viewing trips.... Column: Shooting on public lands is legal Too few managed areas for target shooting have been established by the Forest Service, forcing most shooters to find the closest forest land for their sport. Using the closest public land presents an issue of conflict with other users because national forest land is managed under a multiple-use philosophy. With population growth, i.e. urban sprawl, there is an increased desire to build homes close to and even adjacent to these lands. As the result of such growth, there has been an initiative by local governments and residents to prohibit recreational shooting sports on national forest lands.... Column: The Politics of Timber Theft But this was just a tune up for much bigger fish, namely the largest privately-owned timber company in the world: Weyerhaeuser. The investigation was code-named "Rodeo." The task force had compiled evidence that Weyerhaeuser had illegally cut more than 88,000 trees off of the Winema National Forest in southern Oregon. The pilfered trees were valued at more than $5 million. Moreover, investigators suspected that managers in at least three different Forest Service offices had gotten wind of the investigation, tipped off Weyerhaeuser, destroyed documents and tried to silence agency whistleblowers. Yet, just as the task force was closing it on its culprits its work came to a crashing halt. Less than a four weeks after the Denver meeting with Jack Ward Thomas, Marion received a bizarre letter from the chief thanking him for his service and disbanding the task force immediately. The letter was hand delivered by Martinez.... Salmon's Return Spurs Debate on Spill at Dams As penance for their late beloved salmon, residents of the Pacific Northwest have taken about $1 billion out of their pockets in the past decade and flushed it down the Columbia and Snake rivers. The money was lost because the region chose to limit electricity generation in the summer, forgoing lucrative power sales to sweaty Californians during the air-conditioning season. Water was diverted away from fish-killing turbines and poured downstream so endangered salmon could migrate safely to the sea. The summer spill began in the 1990s, when the Northwest was happily getting rich on high-tech enterprises, when people were moving here as much to recreate as to work, and when regional politicians were tripping over each other to vote greener than thou.... Duck hunters win one for wetlands — or do they? When conservationists decided to fight for the wetlands, they called in their big gun. Perched at President Bush’s elbow for an hour-long White House meeting was John Tome, president of Ducks Unlimited, the nation’s largest waterfowl hunting group with 1 million members. It looked like a cozy gathering. George W. Bush’s father is the organization’s most celebrated member since John Wayne.... Fluttering Into Oblivion? Two of Southern California's rarest butterflies, the tiny Hermes copper and Thorne's hairstreak, could become the first known species in the state to be driven into extinction after the sweeping autumn wildfires. The butterflies are among two dozen endangered and threatened species that researchers are tracking after the devastating blazes, which scorched more than 740,000 acres and destroyed thousands of homes.... New council will strive to protect nature Gov. Gary Locke last week signed an executive order to establish the Washington Biodiversity Council. The council will develop the first comprehensive state strategy to protect Washington's biological heritage.... Farmers hunting for profits open land Fee hunting, long practiced in some southern states such as Texas, is growing more widespread. Farmers have turned outbuildings into lodges, become paid guides to people they once let hunt for free and negotiated hunting leases that pay when the crops sometimes won't. "It's getting to be a big business," says Steve Meng, who arranges leases between landowners and hunters in nine states for Base Camp Leasing, an Indiana firm. "Farmers struggle and they see an opportunity to capture some additional income off the resource they already have.".... Killing of wolf assailed A wolf pack attack in the Madison Valley this week brought stern demands for action from local officials, two members of Congress, Gov. Judy Martz and the Montana Stockgrowers Association. Rep. Denny Rehberg, Sen. Conrad Burns and the governor, all Republicans, called for liberalized authority for residents to kill troublesome wolves, action that is now restricted under the animals' federally protected status. The stockgrowers association reiterated its appeal for wolf control.... Three wolves shot after calf deaths Three wolves which strayed as far south as the Twin Falls area were shot from the air after some cattle deaths. Fresh calf kills both Wednesday and Thursday night on rancher John McCallum's property near Hammett led to the authorization from the U.S. Fish and Wildlife Service to track and kill the wolves believed responsible, said Mark Collinge, director of the U.S. Department of Agriculture's Wildlife Services in Idaho. Agents in an airplane found three wolves in the area Friday and killed all of them, he said.... BLM: Coal production may double A new report forecasts an 80 percent increase in Powder River Basin coal production over the next 16 years, a double-edged sword that could also triple the amount of disturbed lands. Currently, the basin yields 360 million tons of coal each year. That figure could jump to nearly 646 million tons by the year 2020, according to the Bureau of Land Management's 2003 Coal Planning Estimates Report.... Trust would fund future mine cleanups Newmont Mining Corp., which wants to revive its operations here, has acknowledged that both the old and the new projects may produce enough acid to pollute the groundwater 100 to 10,000 years in the future, though they say this is unlikely. So for the first time, the Interior Department is invoking new federal regulations and requiring Newmont, the world's largest gold producer, to set money aside in a trust fund to pay for any pollution that surfaces, even when Newmont may no longer exist.... Interior Attorney Pushed Land Deal Last June, at the suggestion of the Interior Department's chief lawyer, William G. Myers III, two congressmen from Northern California introduced a bill that would have given away $1 million worth of public land near this city north of Sacramento to a private firm. Myers, who had represented mining and cattle interests as a private lawyer before taking the job as solicitor of the Interior Department, acted without consulting the federal government's land managers on the scene. Those officials believed the private company, Yuba River Properties, had no valid claim to the land....
Sunday, March 07, 2004
DIAMOND BAR CATTLE COMPANY
Board Hears Cattle Rancher's Grazing Plea
A couple of dozen ranchers packed the New Mexico Livestock Board meeting Friday to ask the board to help Diamond Bar ranchers Kit and Sherry Laney fight eviction of their cattle from federal land by the U.S. Forest Service.
The livestock board said it probably can't.
But its members approved sending a letter to the U.S. Attorney that asks the feds to clarify what the board has to do to comply with the law.
The livestock board's only involvement in the longstanding federal fight is that it is the agency that inspects cattle when they are sold.
"It's federal land, it's federal jurisdiction, it's in federal court," said Daniel Manzanares, the board's executive director. "Bottom line, we don't have a dog in this fight."
The Laneys have been at odds with the Forest Service almost since they bought the ranch in 1985. Federal courts have ruled against the Laneys' claim of private property rights to graze more than 1,000 head of cattle on the ranch, which is mostly on federal land. A federal judge ruled in December the Laneys never had a property right to graze on the allotment. He ordered their herd, now at about 400 head, off the land.
Wranglers have been hired and, over the Laneys' objections, arrangements are under way for a roundup.
Supporters of the Laneys— many of them in the ranch uniform of boots, hats and jeans— filled the boardroom in Albuquerque and stood shoulder-to-shoulder along the walls.
Hugh B. McKeen of Glenwood, who has grazing rights on a Forest Service allotment, called the Forest Service "our worst enemy."
He told the board that to "yoke" itself to the federal agency is a big mistake.
"Write them a letter, and tell them they're wrong, and get on board with the ranchers," McKeen urged. "We're a dying breed down there on this public land. ... Don't aid and abet the enemy."
Livestock board chairman Bill King told the crowd the board isn't supporting the Forest Service— it is simply following a federal judge's order.
But fellow board member Joe Delk, who introduced the letter to be sent to U.S. Attorney David Iglesias, said there is "way too much muddy water" about the matter for the board to make a decision.
"I think we're missing an opportunity to do something here today that's in the best interests of all these people," he said, referring to the packed crowd.
The livestock board has the duty under New Mexico law to inspect cattle before they are sold. Once the cattle are removed by contractors working for the federal government, state livestock inspectors will inspect them for proper brands before they are sold.
The board unanimously approved sending a letter to Iglesias that includes 13 questions about the case, including queries about whether the court's order specifically involves the livestock board. The board said it would send the letter if it is approved by the board's attorney.
Kit Laney said he was impressed with the turnout from fellow ranchers.
"Yes, they're here to support us. They're (also) here to protect their own property. If they take mine, they can sure as hell ... take what everyone else here has."
Bureau looking into Diamond Bar situation
The New Mexico Farm and Livestock Bureau on Thursday weighed in on the controversy surrounding the removal and impoundment of cattle from the Diamond Bar allotment on the Gila National Forest - advising the New Mexico Livestock Board it is monitoring any action that agency might take in regard to its "statutory duty."
The U.S. Forest Service has hired a contractor to gather, remove and impound cattle following a federal court decision that ranchers Kit and Sherry Laney have no right to graze cattle on the 147,000-acre allotment. Removal of the cattle is the latest turn in an ongoing property rights dispute between the Laneys and the Forest Service that dates to the early 1990s.
The Laneys contend their rights to water and forage on the allotment predate the establishment of the 1899 Forest Reserve and the 1964 Wilderness Act. About 85 percent of the allotment lies within designated wilderness.
Michael White, New Mexico Farm Bureau president, called on the state's Livestock Board "to take action consistent with state law regarding the impoundment, movement and any potential sale of the Laney cattle."
White stated that the Livestock Board "is bound by statute to follow the state livestock code and associated laws, and should not bow to political pressure from government officials and other groups."
The Livestock Board is the state agency charged with the inspection and overseeing of the sale and movement of cattle within New Mexico. It is also known as the "Brand Board."
"We fully realize the Livestock Board is acting in accordance with counsel from the New Mexico attorney general's office, and we urge the members (of the board) to carefully consider all aspects of such legal advice.
"The New Mexico Livestock Board is facing monumental decisions in this case, and our statewide organization will be watching very carefully (for) any possible precedent-setting actions of this panel as these cattle are gathered by a private contractor hired by the Forest Service," White said.
On Dec. 22, 2003, U.S. District Judge William Johnson in federal district court in Albuquerque cited the Laneys for unauthorized grazing and called for the removal of cattle from the allotment. The ruling marks the second time the ranching couple have been called on to remove all livestock from the Diamond Bar.
In March 1996, U.S. District Judge Howard C. Bratton called for the removal of "unauthorized livestock" from the Diamond Bar and assessed the Laneys fees for grazing without a permit and unspecified damages "flowing from unauthorized use."
The Laneys appealed Bratton's ruling, claiming their rights to the range for "cattle-raising purposes" are based on 1889 New Mexico territorial law pertaining to the public domain, and a 1978 U.S. Supreme Court case about water rights on federal reserve lands.
The complaint claimed the U.S. Department of Agriculture and Forest Service "have no rights to the water in and on the range legally held by Diamond Bar and Laney."
The Forest Service maintained that the lands are within the forest reserve, and any grazing taking place on the Diamond Bar - since there is no signed grazing permit on the allotment - is unauthorized.
The 10th Circuit Appeals Court upheld the federal court's ruling on Feb. 23, 1999. Cattle were not removed from the allotment until later that year.
Until 1971, when livestock numbers were reduced to 1,188 head, 1,600 to 2,300 cattle were permitted on the Diamond Bar under Forest Service grazing guidelines. That number was still in effect in 1986 when a 10-year permit was issued to the Laneys.
Then, after a range analysis and environmental studies began to report range problems, including lack of adequate regeneration of vegetation in riparian areas on the allotment, Forest Service range managers blamed overgrazing. A number of range improvement alternatives were considered, including one that called for the construction of 15 stock tanks to get cattle out of riparian areas.
But a coalition of environmental groups brought suit against the Forest Service over the proposal to build the stock tanks, contending their construction within wilderness areas was in violation of the Wilderness Act. After a federal court ruled in favor of the environmentalists, the Forest Service selected an alternate management plan that prohibited the tanks.
White said the New Mexico Farm and Livestock Bureau has monitored the case for more than a decade, and that the agency is "very concerned about the protection of property rights for our ranchers, farmers and all citizens."
The Farm and Livestock Bureau is a private agricultural organization with 17,000 members statewide.
Board Hears Cattle Rancher's Grazing Plea
A couple of dozen ranchers packed the New Mexico Livestock Board meeting Friday to ask the board to help Diamond Bar ranchers Kit and Sherry Laney fight eviction of their cattle from federal land by the U.S. Forest Service.
The livestock board said it probably can't.
But its members approved sending a letter to the U.S. Attorney that asks the feds to clarify what the board has to do to comply with the law.
The livestock board's only involvement in the longstanding federal fight is that it is the agency that inspects cattle when they are sold.
"It's federal land, it's federal jurisdiction, it's in federal court," said Daniel Manzanares, the board's executive director. "Bottom line, we don't have a dog in this fight."
The Laneys have been at odds with the Forest Service almost since they bought the ranch in 1985. Federal courts have ruled against the Laneys' claim of private property rights to graze more than 1,000 head of cattle on the ranch, which is mostly on federal land. A federal judge ruled in December the Laneys never had a property right to graze on the allotment. He ordered their herd, now at about 400 head, off the land.
Wranglers have been hired and, over the Laneys' objections, arrangements are under way for a roundup.
Supporters of the Laneys— many of them in the ranch uniform of boots, hats and jeans— filled the boardroom in Albuquerque and stood shoulder-to-shoulder along the walls.
Hugh B. McKeen of Glenwood, who has grazing rights on a Forest Service allotment, called the Forest Service "our worst enemy."
He told the board that to "yoke" itself to the federal agency is a big mistake.
"Write them a letter, and tell them they're wrong, and get on board with the ranchers," McKeen urged. "We're a dying breed down there on this public land. ... Don't aid and abet the enemy."
Livestock board chairman Bill King told the crowd the board isn't supporting the Forest Service— it is simply following a federal judge's order.
But fellow board member Joe Delk, who introduced the letter to be sent to U.S. Attorney David Iglesias, said there is "way too much muddy water" about the matter for the board to make a decision.
"I think we're missing an opportunity to do something here today that's in the best interests of all these people," he said, referring to the packed crowd.
The livestock board has the duty under New Mexico law to inspect cattle before they are sold. Once the cattle are removed by contractors working for the federal government, state livestock inspectors will inspect them for proper brands before they are sold.
The board unanimously approved sending a letter to Iglesias that includes 13 questions about the case, including queries about whether the court's order specifically involves the livestock board. The board said it would send the letter if it is approved by the board's attorney.
Kit Laney said he was impressed with the turnout from fellow ranchers.
"Yes, they're here to support us. They're (also) here to protect their own property. If they take mine, they can sure as hell ... take what everyone else here has."
Bureau looking into Diamond Bar situation
The New Mexico Farm and Livestock Bureau on Thursday weighed in on the controversy surrounding the removal and impoundment of cattle from the Diamond Bar allotment on the Gila National Forest - advising the New Mexico Livestock Board it is monitoring any action that agency might take in regard to its "statutory duty."
The U.S. Forest Service has hired a contractor to gather, remove and impound cattle following a federal court decision that ranchers Kit and Sherry Laney have no right to graze cattle on the 147,000-acre allotment. Removal of the cattle is the latest turn in an ongoing property rights dispute between the Laneys and the Forest Service that dates to the early 1990s.
The Laneys contend their rights to water and forage on the allotment predate the establishment of the 1899 Forest Reserve and the 1964 Wilderness Act. About 85 percent of the allotment lies within designated wilderness.
Michael White, New Mexico Farm Bureau president, called on the state's Livestock Board "to take action consistent with state law regarding the impoundment, movement and any potential sale of the Laney cattle."
White stated that the Livestock Board "is bound by statute to follow the state livestock code and associated laws, and should not bow to political pressure from government officials and other groups."
The Livestock Board is the state agency charged with the inspection and overseeing of the sale and movement of cattle within New Mexico. It is also known as the "Brand Board."
"We fully realize the Livestock Board is acting in accordance with counsel from the New Mexico attorney general's office, and we urge the members (of the board) to carefully consider all aspects of such legal advice.
"The New Mexico Livestock Board is facing monumental decisions in this case, and our statewide organization will be watching very carefully (for) any possible precedent-setting actions of this panel as these cattle are gathered by a private contractor hired by the Forest Service," White said.
On Dec. 22, 2003, U.S. District Judge William Johnson in federal district court in Albuquerque cited the Laneys for unauthorized grazing and called for the removal of cattle from the allotment. The ruling marks the second time the ranching couple have been called on to remove all livestock from the Diamond Bar.
In March 1996, U.S. District Judge Howard C. Bratton called for the removal of "unauthorized livestock" from the Diamond Bar and assessed the Laneys fees for grazing without a permit and unspecified damages "flowing from unauthorized use."
The Laneys appealed Bratton's ruling, claiming their rights to the range for "cattle-raising purposes" are based on 1889 New Mexico territorial law pertaining to the public domain, and a 1978 U.S. Supreme Court case about water rights on federal reserve lands.
The complaint claimed the U.S. Department of Agriculture and Forest Service "have no rights to the water in and on the range legally held by Diamond Bar and Laney."
The Forest Service maintained that the lands are within the forest reserve, and any grazing taking place on the Diamond Bar - since there is no signed grazing permit on the allotment - is unauthorized.
The 10th Circuit Appeals Court upheld the federal court's ruling on Feb. 23, 1999. Cattle were not removed from the allotment until later that year.
Until 1971, when livestock numbers were reduced to 1,188 head, 1,600 to 2,300 cattle were permitted on the Diamond Bar under Forest Service grazing guidelines. That number was still in effect in 1986 when a 10-year permit was issued to the Laneys.
Then, after a range analysis and environmental studies began to report range problems, including lack of adequate regeneration of vegetation in riparian areas on the allotment, Forest Service range managers blamed overgrazing. A number of range improvement alternatives were considered, including one that called for the construction of 15 stock tanks to get cattle out of riparian areas.
But a coalition of environmental groups brought suit against the Forest Service over the proposal to build the stock tanks, contending their construction within wilderness areas was in violation of the Wilderness Act. After a federal court ruled in favor of the environmentalists, the Forest Service selected an alternate management plan that prohibited the tanks.
White said the New Mexico Farm and Livestock Bureau has monitored the case for more than a decade, and that the agency is "very concerned about the protection of property rights for our ranchers, farmers and all citizens."
The Farm and Livestock Bureau is a private agricultural organization with 17,000 members statewide.
DIAMOND BAR CATTLE COMPANY
WELDA MCKINLEY GRIDER'S COMMENTS ON LIVESTOCK BOARD MEETING
I attended the New Mexico Livestock Board meeting today. We were packed cheek to cheek in a room that normally would have been big enough, however today, to my glee – wasn’t big enough.
Also today to my great joy, I saw several sheep men stand with cattlemen. I saw Hispanic ranchers speak along with Anglo ranchers. I saw several generational rancher families represented, along with some newer ranchers. I saw a typically stand alone rancher grateful for the support. I saw typically stand-alone ranchers give their support. In other words, I saw the community. The community of ranchers, standing together.
My sorrow is that ten years ago we didn’t have the knowledge of the ramifications of what was coming, to stand together like we did today. We can beat ourselves up with the should have, could have issues, but we need to resolve that everyday will be like today. The government can pick us off one at a time and beat us, but they can’t beat us as an industry – as a community and they know that, and now we do.
The issue we were there to discuss was the fact that Mr. Manzanares signed a Memorandum of Understanding with the Forest Service concerning and seemingly allowing the impounding of cattle from the Diamond Bar Ranch.
Although it was not specifically stated, I believe that Mr. Manzanares acted without the vote or consensus of the Brand Board. During the hour long comment period that Chairman Mr. Bill King allowed, Mr. Manzanares seemed to be the only person at the head table who was not very uncomfortable hearing the comments of the audience. I could be wrong, it could be that he was better able to hide his discomfort and it could be that his orders came from a higher power, as was whispered down the hall during the break.
We, in the industry, over the last couple of years have lost some of our warriors and certainly lately, we have been hit hard. I have been concerned that there would be no warriors to fill those footsteps and walk in the shadow. I am over that thought. A man isn’t a man until he needs to be a man.
I saw the “next generation” walk down the hall, shoulders back with great resolve. I saw the next generation act possibly with more strength of conviction than those who started the fight. I saw the sons of the pioneers get up and state that they, the Paragon, the CattleGrowers and the Public Lands Council had resolved to act together and were considering filing a lawsuit, in support of the Diamond Bar against the Brand Board as a whole and the members of the Brand Board individually.
I saw several ranchers who had abandoned membership in CattleGrowers for various reasons, look around and start thinking about renewing their membership under this new and strong leadership.
To say that I was proud of Bebo Lee, and Mike Cassabone would be an understatement. But I was equally proud of the members of the audience that spoke. I noticed that several years ago, these cowboys spoke haltingly, with shaking hands. Today, however, they spoke with the same resolve, but with better information and presented themselves better. The bad new is they have had more practice. The good news is that, even though it is hard for them to do, they have gotten good at it.
There seemed to be an unspoken consensus during the first few speakers to hold the applause from the audience, however somewhere in there, we just gave up and started applauding. This has no bearing on how good the first few speakers were, it just means that finally the audience got tired of being quiet.
Joe Delk, who is a member of the board, got up and presented a letter for consideration of the board to be sent to the attorneys with questions about the legality of the Court Order (which did not mention the Livestock Board in any way) and the MOU. Joe Delk with great emotion, conveyed to us in the audience that he was not in any way against the stand the Laney’s of the Diamond Bar were taking.
My hat is off to Joe Delk and the four additional members of the Board who seemed to be in agreement with him. In light of that seemingly agreement, however, it was Joe Delk who stood and stated his feelings. I am sure that he must know that such a stand could result in his being removed from that Board by a higher power (that would be the Governor – not God). It was he, who stood in support of the ranchers, the industry, the Laney’s and for all of us. Knowing that he had much to loose, he stood and stated his convictions and for that and for the man, I applaud. I am proud of the man, proud of his stand and proud that I know him.
Of course, I know Joe Delk sells feed. I know he plays music…and good music for us to dance by at our convention and some might argue that he knows where his living comes from. Of course I recognize that. That isn’t what I saw. He never once stated the business he was in – although we all knew it. What he stated was his convictions. What he conveyed was his feelings. He stands to loose a lot. Let us resolve to not let him stand alone.
I don’t know if the meeting was a success or not. I won’t know that until I see whether the Livestock Board stands behind the MOU or votes to rescind it. What I do know is that we as an industry, we as members of the Public Lands Council, we as members of the CattleGrowers Assn., and members of Paragon were successful in our support.
Welda McKinley Grider
WELDA MCKINLEY GRIDER'S COMMENTS ON LIVESTOCK BOARD MEETING
I attended the New Mexico Livestock Board meeting today. We were packed cheek to cheek in a room that normally would have been big enough, however today, to my glee – wasn’t big enough.
Also today to my great joy, I saw several sheep men stand with cattlemen. I saw Hispanic ranchers speak along with Anglo ranchers. I saw several generational rancher families represented, along with some newer ranchers. I saw a typically stand alone rancher grateful for the support. I saw typically stand-alone ranchers give their support. In other words, I saw the community. The community of ranchers, standing together.
My sorrow is that ten years ago we didn’t have the knowledge of the ramifications of what was coming, to stand together like we did today. We can beat ourselves up with the should have, could have issues, but we need to resolve that everyday will be like today. The government can pick us off one at a time and beat us, but they can’t beat us as an industry – as a community and they know that, and now we do.
The issue we were there to discuss was the fact that Mr. Manzanares signed a Memorandum of Understanding with the Forest Service concerning and seemingly allowing the impounding of cattle from the Diamond Bar Ranch.
Although it was not specifically stated, I believe that Mr. Manzanares acted without the vote or consensus of the Brand Board. During the hour long comment period that Chairman Mr. Bill King allowed, Mr. Manzanares seemed to be the only person at the head table who was not very uncomfortable hearing the comments of the audience. I could be wrong, it could be that he was better able to hide his discomfort and it could be that his orders came from a higher power, as was whispered down the hall during the break.
We, in the industry, over the last couple of years have lost some of our warriors and certainly lately, we have been hit hard. I have been concerned that there would be no warriors to fill those footsteps and walk in the shadow. I am over that thought. A man isn’t a man until he needs to be a man.
I saw the “next generation” walk down the hall, shoulders back with great resolve. I saw the next generation act possibly with more strength of conviction than those who started the fight. I saw the sons of the pioneers get up and state that they, the Paragon, the CattleGrowers and the Public Lands Council had resolved to act together and were considering filing a lawsuit, in support of the Diamond Bar against the Brand Board as a whole and the members of the Brand Board individually.
I saw several ranchers who had abandoned membership in CattleGrowers for various reasons, look around and start thinking about renewing their membership under this new and strong leadership.
To say that I was proud of Bebo Lee, and Mike Cassabone would be an understatement. But I was equally proud of the members of the audience that spoke. I noticed that several years ago, these cowboys spoke haltingly, with shaking hands. Today, however, they spoke with the same resolve, but with better information and presented themselves better. The bad new is they have had more practice. The good news is that, even though it is hard for them to do, they have gotten good at it.
There seemed to be an unspoken consensus during the first few speakers to hold the applause from the audience, however somewhere in there, we just gave up and started applauding. This has no bearing on how good the first few speakers were, it just means that finally the audience got tired of being quiet.
Joe Delk, who is a member of the board, got up and presented a letter for consideration of the board to be sent to the attorneys with questions about the legality of the Court Order (which did not mention the Livestock Board in any way) and the MOU. Joe Delk with great emotion, conveyed to us in the audience that he was not in any way against the stand the Laney’s of the Diamond Bar were taking.
My hat is off to Joe Delk and the four additional members of the Board who seemed to be in agreement with him. In light of that seemingly agreement, however, it was Joe Delk who stood and stated his feelings. I am sure that he must know that such a stand could result in his being removed from that Board by a higher power (that would be the Governor – not God). It was he, who stood in support of the ranchers, the industry, the Laney’s and for all of us. Knowing that he had much to loose, he stood and stated his convictions and for that and for the man, I applaud. I am proud of the man, proud of his stand and proud that I know him.
Of course, I know Joe Delk sells feed. I know he plays music…and good music for us to dance by at our convention and some might argue that he knows where his living comes from. Of course I recognize that. That isn’t what I saw. He never once stated the business he was in – although we all knew it. What he stated was his convictions. What he conveyed was his feelings. He stands to loose a lot. Let us resolve to not let him stand alone.
I don’t know if the meeting was a success or not. I won’t know that until I see whether the Livestock Board stands behind the MOU or votes to rescind it. What I do know is that we as an industry, we as members of the Public Lands Council, we as members of the CattleGrowers Assn., and members of Paragon were successful in our support.
Welda McKinley Grider
Saturday, March 06, 2004
DIAMOND BAR CATTLE COMPANY
Gila-area rancher seeks help from cattlemen’s board
(Albuquerque-AP) -- Gila ranchers who have been ordered to remove their cattle from a Gila Forest allotment because the grazing is illegal turned to the New Mexico Livestock Board for help.
The board said Friday it probably can’t stop cattle belonging to Kit and Sherry Laney from being removed.
But the board will send a letter to the U.S. attorney asking what the board has to do to comply with the law.
The board’s only involvement is that it inspects cattle.
Board executive director Daniel Manzanares says the grazing allotment is federal land, in federal jurisdiction in a federal court.
The Laneys have been fighting the Forest Service since 1985.
Courts have ruled against their claim to private property rights to federal land where their cattle graze.
Gila-area rancher seeks help from cattlemen’s board
(Albuquerque-AP) -- Gila ranchers who have been ordered to remove their cattle from a Gila Forest allotment because the grazing is illegal turned to the New Mexico Livestock Board for help.
The board said Friday it probably can’t stop cattle belonging to Kit and Sherry Laney from being removed.
But the board will send a letter to the U.S. attorney asking what the board has to do to comply with the law.
The board’s only involvement is that it inspects cattle.
Board executive director Daniel Manzanares says the grazing allotment is federal land, in federal jurisdiction in a federal court.
The Laneys have been fighting the Forest Service since 1985.
Courts have ruled against their claim to private property rights to federal land where their cattle graze.
DIAMOND BAR CATTLE COMPANY
For Immediate Release 03/05/04
Contact: Paragon Foundation, Inc. (505) 434-8998
Ruby Ridge In New Mexico?
Are developments in Southwestern New Mexico tumbling out of control and setting up a situation like the one at Ruby Ridge, Idaho, where three innocent citizens were gunned down by federal law enforcement officials? If one looks at the preparations of the Forest Service and the size of the force they have brought into the area, it might appear so.
This question goes to the recent announcement by the Forest Service concerning the impounding and removal of the Diamond Bar cattle. With 16 law enforcement officers, roadblocks, attack dogs, and an apparent distrust of law-abiding citizens that would rival border guards in the old Soviet Union, one wonders why the gathering of alleged trespass cattle would require such warlike tactics? With no threat of violence by the Laneys, who, in fact, have declared they will not interfere with the seizure of their cattle, the Forest Service has bulled ahead closing the only road in the area, declaring the public forest off limits to law abiding citizens and intimidating anyone who comes near or opposes their tactics. Furthermore, they have caused a jurisdictional crisis between the Forest Service on one hand and the Catron County Commission and the Catron County Sheriff on the other. And, if that’s not enough, they have precipitated legal confusion on the New Mexico Livestock Board as they have attempted to circumvent, misuse and confuse what were once called the best livestock laws in the country. All this is being done with the apparent blessing of Governor Bill Richardson and Attorney General Patricia Madrid.
Clint Wellborn, District Attorney for Catron County, at a meeting of the Catron County Commission, said, “We can’t ask the Sheriff to go out there and confront these armed federal officers.” This was stated in an open meeting in an attempt to dissuade the Sheriff from going out to assert jurisdiction in Catron County as the legal chief law enforcement authority. Presumably, DA Wellborn believes it is better for defenseless citizens to confront armed federal officers. Mr. Wellborn also states in a letter that, “If you or your department should attempt to intervene you risk the possibility of being arrested by Federal Marshals and held in contempt of court and possibly jailed”. Mr. Wellborn says this even though the federal law enforcement contingent’s operation in New Mexico and Catron County is conditional on the consent of both the Sheriff and the Chief of the State Police.
Of course, this would be comical if it weren’t tearing at the fabric of New Mexican institutions and law. The Laneys, while moving horses along old State Highway 61 from one private land holding to another were accosted by the Forest Service. The Officers tried to pull the horses over, using emergency lights and sirens and shouting through loud speakers, “This is law enforcement. Stop your horse and get off.” Of course, this only caused the horses to speed up. At this point Dale and Albert Laney had no choice but to try and control the horses. In no way could they allow them to trod upon the forest. Picture two full-blown patrol units with sirens blaring, lights blazing, attack dog inside barking frantically, loudspeaker roaring commands to “pull over them runaway horses”.
Matt Schneberger, local rancher, says, “Barney fife is alive and well in the Gila. Only in this case he don’t just have a bullet in his pocket, he’s got a large capacity auto pistol and all the back-up in the world. We’ve got terrorists coming across the Mexican border to kill Americans and here we are guarding against a small family ranch trying to protect their private property.”
The Forest Service is not only callous about their treatment of the Laneys but they are completely oblivious to the harm they cause others. Doug Osborn, wrote, “I just got back from the Cattle Guard Restaurant up at the Fowlers. There were six folks from Minnesota in there eating. They had come down here to hunt lions, but the road is closed. There go their plans (and lots of money). I wonder how the Forest Service would feel about reimbursing those folks. Lots of luck!”
Ray Fowler, another local rancher, said, “I went to get a bull and when I got back there was a roadblock up and they wouldn’t let me in. There were guys running around demanding a permit. I didn’t have one. I still don’t have a permit. They finally let me through after they took down my license plate like I was going to rob a bank or something. They tell me nobody from the outside can come in to see me.”
To justify this ridiculous circus Steve Libby of the Forest Service intimated that Kit Laney had threatened a gentleman who was delivering feed to the Forest Service. But, when he was asked about it, the man delivering the feed said he had never met Kit Laney. Then Mr. Libby said there were threats that the greens might get involved if the cattle weren’t removed quickly enough. No evidence was ever presented for this assertion.
It is a sad day when Smokey the Bear goes on the rampage. The Forest Service by its actions in the Diamond Bar Ranch controversy is either exhibiting paranoia or an inclination to intimidate. Either way, the Forest Service no longer deserves the trust of the public and the state of New Mexico. They have no business employing a small army of quasi-military, trained to a fever pitch…Barney Fifes.
###
For Immediate Release 03/05/04
Contact: Paragon Foundation, Inc. (505) 434-8998
Ruby Ridge In New Mexico?
Are developments in Southwestern New Mexico tumbling out of control and setting up a situation like the one at Ruby Ridge, Idaho, where three innocent citizens were gunned down by federal law enforcement officials? If one looks at the preparations of the Forest Service and the size of the force they have brought into the area, it might appear so.
This question goes to the recent announcement by the Forest Service concerning the impounding and removal of the Diamond Bar cattle. With 16 law enforcement officers, roadblocks, attack dogs, and an apparent distrust of law-abiding citizens that would rival border guards in the old Soviet Union, one wonders why the gathering of alleged trespass cattle would require such warlike tactics? With no threat of violence by the Laneys, who, in fact, have declared they will not interfere with the seizure of their cattle, the Forest Service has bulled ahead closing the only road in the area, declaring the public forest off limits to law abiding citizens and intimidating anyone who comes near or opposes their tactics. Furthermore, they have caused a jurisdictional crisis between the Forest Service on one hand and the Catron County Commission and the Catron County Sheriff on the other. And, if that’s not enough, they have precipitated legal confusion on the New Mexico Livestock Board as they have attempted to circumvent, misuse and confuse what were once called the best livestock laws in the country. All this is being done with the apparent blessing of Governor Bill Richardson and Attorney General Patricia Madrid.
Clint Wellborn, District Attorney for Catron County, at a meeting of the Catron County Commission, said, “We can’t ask the Sheriff to go out there and confront these armed federal officers.” This was stated in an open meeting in an attempt to dissuade the Sheriff from going out to assert jurisdiction in Catron County as the legal chief law enforcement authority. Presumably, DA Wellborn believes it is better for defenseless citizens to confront armed federal officers. Mr. Wellborn also states in a letter that, “If you or your department should attempt to intervene you risk the possibility of being arrested by Federal Marshals and held in contempt of court and possibly jailed”. Mr. Wellborn says this even though the federal law enforcement contingent’s operation in New Mexico and Catron County is conditional on the consent of both the Sheriff and the Chief of the State Police.
Of course, this would be comical if it weren’t tearing at the fabric of New Mexican institutions and law. The Laneys, while moving horses along old State Highway 61 from one private land holding to another were accosted by the Forest Service. The Officers tried to pull the horses over, using emergency lights and sirens and shouting through loud speakers, “This is law enforcement. Stop your horse and get off.” Of course, this only caused the horses to speed up. At this point Dale and Albert Laney had no choice but to try and control the horses. In no way could they allow them to trod upon the forest. Picture two full-blown patrol units with sirens blaring, lights blazing, attack dog inside barking frantically, loudspeaker roaring commands to “pull over them runaway horses”.
Matt Schneberger, local rancher, says, “Barney fife is alive and well in the Gila. Only in this case he don’t just have a bullet in his pocket, he’s got a large capacity auto pistol and all the back-up in the world. We’ve got terrorists coming across the Mexican border to kill Americans and here we are guarding against a small family ranch trying to protect their private property.”
The Forest Service is not only callous about their treatment of the Laneys but they are completely oblivious to the harm they cause others. Doug Osborn, wrote, “I just got back from the Cattle Guard Restaurant up at the Fowlers. There were six folks from Minnesota in there eating. They had come down here to hunt lions, but the road is closed. There go their plans (and lots of money). I wonder how the Forest Service would feel about reimbursing those folks. Lots of luck!”
Ray Fowler, another local rancher, said, “I went to get a bull and when I got back there was a roadblock up and they wouldn’t let me in. There were guys running around demanding a permit. I didn’t have one. I still don’t have a permit. They finally let me through after they took down my license plate like I was going to rob a bank or something. They tell me nobody from the outside can come in to see me.”
To justify this ridiculous circus Steve Libby of the Forest Service intimated that Kit Laney had threatened a gentleman who was delivering feed to the Forest Service. But, when he was asked about it, the man delivering the feed said he had never met Kit Laney. Then Mr. Libby said there were threats that the greens might get involved if the cattle weren’t removed quickly enough. No evidence was ever presented for this assertion.
It is a sad day when Smokey the Bear goes on the rampage. The Forest Service by its actions in the Diamond Bar Ranch controversy is either exhibiting paranoia or an inclination to intimidate. Either way, the Forest Service no longer deserves the trust of the public and the state of New Mexico. They have no business employing a small army of quasi-military, trained to a fever pitch…Barney Fifes.
###
NEWS ROUNDUP
Editorial: Wyoming Is Crying Wolf The federal government's program to reintroduce the gray wolf to Yellowstone National Park in 1995 and 1996 was cheered in most of the country for restoring a critical link in the balance of nature in the nation's first such park. Not, however, in Wyoming. Ranchers feared for their herds, despite explicit federal permission to shoot any wolf caught attacking cattle or sheep, plus a promise of full reimbursement for any losses. The losses have been far less than feared, and the affected ranchers have been compensated. But the fear and loathing linger.... Wolves strike Madison Valley ranch A federal official said Friday that whoever illegally killed a collared wolf in the Madison Valley scuttled trackers' efforts to find the wolves that had attacked a dog hours earlier. Ed Bangs, wolf recovery leader for the U.S. Fish and Wildlife Service, said a wolf that had been collared on Thursday was spotted from an airplane Friday afternoon bloodied and lying in a snowbank. Officials had been using that wolf to track down and kill members of the Sentinel pack, which is suspected of four attacks on livestock in the Madison Valley over the past week.... Feds OK killing of wolf pack A federal wildlife official ordered the Sentinel wolf pack destroyed Friday after it killed a Cameron family's dog near their house. The pack of six wolves has been hanging around Todd and Barbie Durham's home since mid-February. Earlier this week, the wolves killed a neighbor's yearling steer within 200 yards of three homes. U.S. Fish and Wildlife Service agents darted one of the female wolves and fitted a radio collar on it after the pack killed the steer. FWS officials said then that three of the six wolves in the pack would be destroyed.... All fishing closed on Methow, Chewuch, Wenatchee rivers Fishing of all kinds will close March 5 on the Methow, Chewuch and Wenatchee rivers to protect upper Columbia River steelhead listed for protection under the federal Endangered Species Act (ESA), the Washington Department of Fish and Wildlife (WDFW) announced recently. The closure includes the winter whitefish-fishing season, which typically runs from December 1 through March 31 in those three rivers.... Nationwide Easter Bunny Count Eight hundred volunteer wildlife watchers will be deployed throughout Germany in March in a giant rabbit count aimed at giving the clearest picture yet of the nation's endangered bunny population. Coordinated by leading scientific institutes, volunteers will count the rabbits one hour after nightfall when they come out to feed, said Armin Winter, animal conservation expert from the German Hunting Protection League. In contrast to countries like Australia, where rabbits have multiplied at an explosive rate and have long been viewed as pests, the fluffy creatures are on the list of endangered species in Germany. Industrialization and intensive farming has depleted their natural habitat.... Agency says it won't turn Kirwin National Wildlife Refuge over to state Federal officials on Friday backed off the idea of turning the Kirwin National Wildlife Refuge over to the state of Kansas, one day after saying the idea was under consideration. The U.S. Fish and Wildlife Service issued a statement late Friday saying Kirwin will remain in the national refuge system, for now, and is not being considered for transfer to the state.... Groups push feds to protect bloodsucking lampreys slate of environmental groups is demanding the federal government act to protect four species of eel-like bloodsucking fish known as lamprey. The 12 groups in three West Coast states claim the government hasn't taken the necessary steps to list the lampreys as threatened or endangered. They had first asked the U.S. Fish and Wildlife Service to consider taking the action in January 2003.... Global Warming Could Be Affecting Wolf-Moose Balance Wolves are up and moose are down this spring at Isle Royale National Park, the home of a 46-year study of predators and their prey. Researchers suspect that a global warming trend may be behind the shift. The moose population has slid to 750 on this Lake Superior wilderness island park, down from 900 last year and 1,100 in 2002. In the meantime, the number of wolves has seesawed upward over the past decade and is now up to 29, as many as the park has seen since 1980 and 11 more than last year. What's bad for moose has been good for the wolves, and moose throughout North America have been hit hard by warmer temperatures that began in 1998 with El Nino and never let up, according to Professor Rolf Peterson of Michigan Technological University, who has lead the study of Isle Royale's wolves and moose for 34 years.... Wolves kill four cows on Hammett ranch A rancher near Hammett says wolves have killed four head of cattle, and he worries his family may be in danger. Federal Fish and Wildlife Services officials have agreed to step-in and remove three wolves, but the rancher says that will not be enough. The 50,000 acre farm sits about ten miles outside Hammett. The landowner worries other wolves will eventually roam his fields threatening his livelihood and his family's safety.... Fort Belknap bison breed tension After complaining for weeks that bison from the Fort Belknap Reservation herd were destroying his fences and forcing his cattle off their winter feed, a Cleveland-area rancher has reportedly shot five wandering bison. Dustin Hofeldt, whose family ranches 25 miles south of Chinook, won't comment on the accusation, but he said at least 200 bison have been on his land periodically since the first of January. "They just come over here because it's the only grass around," Hofeldt said.... Navy wants more BLM land set aside in Campo Special-operations forces who undertake dangerous combat missions have used this remote site of nearly 1,100 acres in the backcountry since 1986. But now Navy officials want to ensure that ever-increasing development does not encroach on training. The Navy is seeking to set aside an additional 4,486 acres of federal Bureau of Land Management property as a buffer between the training center and surrounding communities.... White House Race Pits Oil Drilling Vs Conserving U.S. voters hit with soaring gasoline prices can choose between two presidential candidates with contrary ways to escape the energy morass -- a Democrat pushing conservation and a Republican who wants to drill his way out. Painting the energy policies of Republican President Bush and his Democrat opponent John Kerry as supply-side versus demand-side risks oversimplification. But in large part, Bush's energy policy seeks to expand supplies of domestic oil and natural gas, while Kerry, a senator from Massachusetts, focuses on developing alternative fuels and renewable sources to reduce U.S. demand for oil.... Editorial: Dear feds, help! Where are our members in Congress (Reid, Ensign, Gibbons, Berkley, and Porter) when we need them? They won't hesitate to give you their views about such high profile issues as Yucca Mountain, yet remain strangely silent about assisting counties that are financially boxed in by the federal government. Payments in Lieu of Taxes (PILT) are federal payments to local governments that help offset losses in property taxes due to nontaxable federal lands within their boundaries. Since the federal government claims dominion over 98 percent of Nye, the county is limited to collecting taxes on the remaining two percent.... Time bomb: Development explodes near sites where munitions didn't Untold thousands of aging, unexploded bombs are scattered across Colorado, hidden military leftovers that health experts call a growing hazard and a mess that will cost taxpayers hundreds of millions of dollars to clean up. State regulators have identified at least two dozen sites where old ordnance has been found. The one causing the greatest alarm: the former Lowry Bombing and Gunnery Range southeast of Denver, where workers have discovered more than 3,000 live munitions - with 75 percent of the search-and-destroy work still to come.... State lands fail to serve schools The State Land Board could have brought in as much as $4.2 million for public schools in recent years through better use of state rangelands, state auditors say. Instead, between 1998 and 2002 the state lost a small amount of money managing the lands, the Audits Division reported this week. Auditors said the board would come closer to fulfilling its obligation either by selling all or part of the rangelands or by keeping the lands and charging the market rate for grazing.... How Industry Won the Battle of Pollution Control at E.P.A. ust six weeks into the Bush administration, Haley Barbour, a former Republican party chairman who was a lobbyist for electric power companies, sent a memorandum to Vice President Dick Cheney laying down a challenge. "The question is whether environmental policy still prevails over energy policy with Bush-Cheney, as it did with Clinton-Gore," Mr. Barbour wrote, and called for measures to show that environmental concerns would no longer "trump good energy policy." Mr. Barbour's memo was an opening shot in a two-year fight inside the Bush administration for dominance between environmental protection and energy production on clean air policy. One camp included officials, like Mr. Cheney, who came from the energy industry. In another were enforcers of environmental policy, led by Christie Whitman, a former Republican governor of New Jersey.... Column: The Fog of Warming On Wednesday and for the fourth time in the past two years, John McCain's Senate Committee on Commerce, Science and Transportation staged a platform to publicize global warming. Just the day before, the Union of Concerned Scientists (UCS) preempted the committee to announce another yet another McCain hearing, scheduled for next week, to air a UCS report alleging misuse of science by the Bush administration. The senior senator from Arizona has of late been eager to prove the UCS thesis. He called a hearing in January 2003, prior to Congress even convening, to trot out Sen. "Kyoto Joe" Lieberman as an expert witness. Lieberman is McCain's climate Doppelganger who co-authored their legislation implementing the (unratified) global warming treaty. At that hearing, the Connecticut Yankee did not disappoint, helpfully informing the Senate that 2002 was the second-warmest year on record, and would've been warmer but that there was a manufacturing slowdown (we can't make this stuff up).... Snowpack to swell Rio Grande Snowpack runoff from mountains in southern Colorado and New Mexico is expected to be higher than last year, but area farmers such as Chanon Singh say that although the news is good, they still plan to be cautious with their water supplies. February storms, which have continued into the first few days of March, have increased the amount of snow, which melts and runs off into the Rio Grande Basin, but that situation doesn't signal an end to the drought in New Mexico, U.S. Department of Agriculture officials said Friday. "We're excited about the snowpack and the amount of moisture we've received lately," New Mexico State Engineer John D'Antonio said. "But we've got a big shortfall to make up in terms of our reservoirs.".... Rocky Ford water lease gets federal blessing The federal Bureau of Reclamation has given Aurora its blessing to temporarily store more than 12,600 acre-feet of water in Pueblo Reservoir, making the High Line Canal water transfer the largest short-term water lease in Colorado history. Aurora leased the water from 152 water holders on the canal for about $5.5 million, but needed federal approval to store the water for 12 months in the reservoir, which is part of the federally operated Arkansas-Frying Pan project.... Omaha, Neb., Western Clothing Retailer to Close Last Store Stockmen's Western Wear, an Omaha tradition in retail western apparel, has met the same fate as the Livestock Exchange Building and the Omaha Stockyards. Stockmen's will close its last store, at 4650 L St. in south Omaha, after almost 58 years of business. A close-out sale which began about four weeks ago ends Sunday. The store's growth and history have been intertwined with the Livestock Exchange Building, its first home when it opened in April 1946, and the Omaha Stockyards, from which it drew many of its customers....
Cowboys weaving words of lore With its 18th annual promise of roughhewn rhymes, folk singing, hearty campfire meals and kindred spirits, the Texas Cowboy Poetry Gathering is a working wordsmith's paradise. The event began Friday at Sul Ross State University. Most of this year's 40 participants have been cowboys and ranchers — and many still are, like J.B. Allen, who has lived 30 years on his West Texas ranch at Whiteface, 13 miles from Levelland.... U.S. animal tracking plan seen beginning by summer The first steps in a national animal identification program aimed at combating the spread of illnesses such as mad cow disease could begin this summer, a U.S. Department of Agriculture official said on Friday. The program, details of which are still being developed by USDA, would begin with voluntary participation, but may become mandatory if, for example, the livestock industry avoids it in large numbers, officials said at a hearing of the U.S. House of Representatives Agriculture Committee. The hearing was held at the annual Houston Rodeo and Livestock Show before an audience of trade officials and ranchers.... Blaze happy trails with Roy and Dale at the Western Film Festival The King of the Cowboys and the Queen of the West ride again this weekend as the Roy Rogers and Dale Evans Western Film Festival moseys into Victorville. The seventh annual festival commemorates the lives and careers of legendary and beloved singing stars Roy and Dale with daylong screenings, a collectors' swap meet, silent auction, celebrity autograph session and awards banquet (at 6:30 tonight).... Lucky for posterity, 'crazy' ranch owner held off developers Many people thought Muriel MacGregor crazy. She was never the same after that stroke. She couldn't run the family ranch properly but refused to sell it to developers swooping down on one of Colorado's most scenic and historic ranches. The 2,100-acre spread settled by her grandfather, Alexander Q. MacGregor, in 1873 snuggles up against Rocky Mountain National Park. Set in a ponderosa-fringed meadow, the ranch overlooks Longs Peak and is guarded by the famous Twin Owls rock formation.... On The Edge Of Common Sense: That crazy cow turned out to be a lifesaver Kevin bought the crazy cow at the Willcox sale. She was a big, black, hornless, part braymer with a red patch of hair on her poll like Woody Woodpecker. That spring they planned to move a few of the cows to a far pasture in the gooseneck trailer. All but the crazy cow loaded. She ran to the backside of the corral and paced the fence....
Editorial: Wyoming Is Crying Wolf The federal government's program to reintroduce the gray wolf to Yellowstone National Park in 1995 and 1996 was cheered in most of the country for restoring a critical link in the balance of nature in the nation's first such park. Not, however, in Wyoming. Ranchers feared for their herds, despite explicit federal permission to shoot any wolf caught attacking cattle or sheep, plus a promise of full reimbursement for any losses. The losses have been far less than feared, and the affected ranchers have been compensated. But the fear and loathing linger.... Wolves strike Madison Valley ranch A federal official said Friday that whoever illegally killed a collared wolf in the Madison Valley scuttled trackers' efforts to find the wolves that had attacked a dog hours earlier. Ed Bangs, wolf recovery leader for the U.S. Fish and Wildlife Service, said a wolf that had been collared on Thursday was spotted from an airplane Friday afternoon bloodied and lying in a snowbank. Officials had been using that wolf to track down and kill members of the Sentinel pack, which is suspected of four attacks on livestock in the Madison Valley over the past week.... Feds OK killing of wolf pack A federal wildlife official ordered the Sentinel wolf pack destroyed Friday after it killed a Cameron family's dog near their house. The pack of six wolves has been hanging around Todd and Barbie Durham's home since mid-February. Earlier this week, the wolves killed a neighbor's yearling steer within 200 yards of three homes. U.S. Fish and Wildlife Service agents darted one of the female wolves and fitted a radio collar on it after the pack killed the steer. FWS officials said then that three of the six wolves in the pack would be destroyed.... All fishing closed on Methow, Chewuch, Wenatchee rivers Fishing of all kinds will close March 5 on the Methow, Chewuch and Wenatchee rivers to protect upper Columbia River steelhead listed for protection under the federal Endangered Species Act (ESA), the Washington Department of Fish and Wildlife (WDFW) announced recently. The closure includes the winter whitefish-fishing season, which typically runs from December 1 through March 31 in those three rivers.... Nationwide Easter Bunny Count Eight hundred volunteer wildlife watchers will be deployed throughout Germany in March in a giant rabbit count aimed at giving the clearest picture yet of the nation's endangered bunny population. Coordinated by leading scientific institutes, volunteers will count the rabbits one hour after nightfall when they come out to feed, said Armin Winter, animal conservation expert from the German Hunting Protection League. In contrast to countries like Australia, where rabbits have multiplied at an explosive rate and have long been viewed as pests, the fluffy creatures are on the list of endangered species in Germany. Industrialization and intensive farming has depleted their natural habitat.... Agency says it won't turn Kirwin National Wildlife Refuge over to state Federal officials on Friday backed off the idea of turning the Kirwin National Wildlife Refuge over to the state of Kansas, one day after saying the idea was under consideration. The U.S. Fish and Wildlife Service issued a statement late Friday saying Kirwin will remain in the national refuge system, for now, and is not being considered for transfer to the state.... Groups push feds to protect bloodsucking lampreys slate of environmental groups is demanding the federal government act to protect four species of eel-like bloodsucking fish known as lamprey. The 12 groups in three West Coast states claim the government hasn't taken the necessary steps to list the lampreys as threatened or endangered. They had first asked the U.S. Fish and Wildlife Service to consider taking the action in January 2003.... Global Warming Could Be Affecting Wolf-Moose Balance Wolves are up and moose are down this spring at Isle Royale National Park, the home of a 46-year study of predators and their prey. Researchers suspect that a global warming trend may be behind the shift. The moose population has slid to 750 on this Lake Superior wilderness island park, down from 900 last year and 1,100 in 2002. In the meantime, the number of wolves has seesawed upward over the past decade and is now up to 29, as many as the park has seen since 1980 and 11 more than last year. What's bad for moose has been good for the wolves, and moose throughout North America have been hit hard by warmer temperatures that began in 1998 with El Nino and never let up, according to Professor Rolf Peterson of Michigan Technological University, who has lead the study of Isle Royale's wolves and moose for 34 years.... Wolves kill four cows on Hammett ranch A rancher near Hammett says wolves have killed four head of cattle, and he worries his family may be in danger. Federal Fish and Wildlife Services officials have agreed to step-in and remove three wolves, but the rancher says that will not be enough. The 50,000 acre farm sits about ten miles outside Hammett. The landowner worries other wolves will eventually roam his fields threatening his livelihood and his family's safety.... Fort Belknap bison breed tension After complaining for weeks that bison from the Fort Belknap Reservation herd were destroying his fences and forcing his cattle off their winter feed, a Cleveland-area rancher has reportedly shot five wandering bison. Dustin Hofeldt, whose family ranches 25 miles south of Chinook, won't comment on the accusation, but he said at least 200 bison have been on his land periodically since the first of January. "They just come over here because it's the only grass around," Hofeldt said.... Navy wants more BLM land set aside in Campo Special-operations forces who undertake dangerous combat missions have used this remote site of nearly 1,100 acres in the backcountry since 1986. But now Navy officials want to ensure that ever-increasing development does not encroach on training. The Navy is seeking to set aside an additional 4,486 acres of federal Bureau of Land Management property as a buffer between the training center and surrounding communities.... White House Race Pits Oil Drilling Vs Conserving U.S. voters hit with soaring gasoline prices can choose between two presidential candidates with contrary ways to escape the energy morass -- a Democrat pushing conservation and a Republican who wants to drill his way out. Painting the energy policies of Republican President Bush and his Democrat opponent John Kerry as supply-side versus demand-side risks oversimplification. But in large part, Bush's energy policy seeks to expand supplies of domestic oil and natural gas, while Kerry, a senator from Massachusetts, focuses on developing alternative fuels and renewable sources to reduce U.S. demand for oil.... Editorial: Dear feds, help! Where are our members in Congress (Reid, Ensign, Gibbons, Berkley, and Porter) when we need them? They won't hesitate to give you their views about such high profile issues as Yucca Mountain, yet remain strangely silent about assisting counties that are financially boxed in by the federal government. Payments in Lieu of Taxes (PILT) are federal payments to local governments that help offset losses in property taxes due to nontaxable federal lands within their boundaries. Since the federal government claims dominion over 98 percent of Nye, the county is limited to collecting taxes on the remaining two percent.... Time bomb: Development explodes near sites where munitions didn't Untold thousands of aging, unexploded bombs are scattered across Colorado, hidden military leftovers that health experts call a growing hazard and a mess that will cost taxpayers hundreds of millions of dollars to clean up. State regulators have identified at least two dozen sites where old ordnance has been found. The one causing the greatest alarm: the former Lowry Bombing and Gunnery Range southeast of Denver, where workers have discovered more than 3,000 live munitions - with 75 percent of the search-and-destroy work still to come.... State lands fail to serve schools The State Land Board could have brought in as much as $4.2 million for public schools in recent years through better use of state rangelands, state auditors say. Instead, between 1998 and 2002 the state lost a small amount of money managing the lands, the Audits Division reported this week. Auditors said the board would come closer to fulfilling its obligation either by selling all or part of the rangelands or by keeping the lands and charging the market rate for grazing.... How Industry Won the Battle of Pollution Control at E.P.A. ust six weeks into the Bush administration, Haley Barbour, a former Republican party chairman who was a lobbyist for electric power companies, sent a memorandum to Vice President Dick Cheney laying down a challenge. "The question is whether environmental policy still prevails over energy policy with Bush-Cheney, as it did with Clinton-Gore," Mr. Barbour wrote, and called for measures to show that environmental concerns would no longer "trump good energy policy." Mr. Barbour's memo was an opening shot in a two-year fight inside the Bush administration for dominance between environmental protection and energy production on clean air policy. One camp included officials, like Mr. Cheney, who came from the energy industry. In another were enforcers of environmental policy, led by Christie Whitman, a former Republican governor of New Jersey.... Column: The Fog of Warming On Wednesday and for the fourth time in the past two years, John McCain's Senate Committee on Commerce, Science and Transportation staged a platform to publicize global warming. Just the day before, the Union of Concerned Scientists (UCS) preempted the committee to announce another yet another McCain hearing, scheduled for next week, to air a UCS report alleging misuse of science by the Bush administration. The senior senator from Arizona has of late been eager to prove the UCS thesis. He called a hearing in January 2003, prior to Congress even convening, to trot out Sen. "Kyoto Joe" Lieberman as an expert witness. Lieberman is McCain's climate Doppelganger who co-authored their legislation implementing the (unratified) global warming treaty. At that hearing, the Connecticut Yankee did not disappoint, helpfully informing the Senate that 2002 was the second-warmest year on record, and would've been warmer but that there was a manufacturing slowdown (we can't make this stuff up).... Snowpack to swell Rio Grande Snowpack runoff from mountains in southern Colorado and New Mexico is expected to be higher than last year, but area farmers such as Chanon Singh say that although the news is good, they still plan to be cautious with their water supplies. February storms, which have continued into the first few days of March, have increased the amount of snow, which melts and runs off into the Rio Grande Basin, but that situation doesn't signal an end to the drought in New Mexico, U.S. Department of Agriculture officials said Friday. "We're excited about the snowpack and the amount of moisture we've received lately," New Mexico State Engineer John D'Antonio said. "But we've got a big shortfall to make up in terms of our reservoirs.".... Rocky Ford water lease gets federal blessing The federal Bureau of Reclamation has given Aurora its blessing to temporarily store more than 12,600 acre-feet of water in Pueblo Reservoir, making the High Line Canal water transfer the largest short-term water lease in Colorado history. Aurora leased the water from 152 water holders on the canal for about $5.5 million, but needed federal approval to store the water for 12 months in the reservoir, which is part of the federally operated Arkansas-Frying Pan project.... Omaha, Neb., Western Clothing Retailer to Close Last Store Stockmen's Western Wear, an Omaha tradition in retail western apparel, has met the same fate as the Livestock Exchange Building and the Omaha Stockyards. Stockmen's will close its last store, at 4650 L St. in south Omaha, after almost 58 years of business. A close-out sale which began about four weeks ago ends Sunday. The store's growth and history have been intertwined with the Livestock Exchange Building, its first home when it opened in April 1946, and the Omaha Stockyards, from which it drew many of its customers....
Cowboys weaving words of lore With its 18th annual promise of roughhewn rhymes, folk singing, hearty campfire meals and kindred spirits, the Texas Cowboy Poetry Gathering is a working wordsmith's paradise. The event began Friday at Sul Ross State University. Most of this year's 40 participants have been cowboys and ranchers — and many still are, like J.B. Allen, who has lived 30 years on his West Texas ranch at Whiteface, 13 miles from Levelland.... U.S. animal tracking plan seen beginning by summer The first steps in a national animal identification program aimed at combating the spread of illnesses such as mad cow disease could begin this summer, a U.S. Department of Agriculture official said on Friday. The program, details of which are still being developed by USDA, would begin with voluntary participation, but may become mandatory if, for example, the livestock industry avoids it in large numbers, officials said at a hearing of the U.S. House of Representatives Agriculture Committee. The hearing was held at the annual Houston Rodeo and Livestock Show before an audience of trade officials and ranchers.... Blaze happy trails with Roy and Dale at the Western Film Festival The King of the Cowboys and the Queen of the West ride again this weekend as the Roy Rogers and Dale Evans Western Film Festival moseys into Victorville. The seventh annual festival commemorates the lives and careers of legendary and beloved singing stars Roy and Dale with daylong screenings, a collectors' swap meet, silent auction, celebrity autograph session and awards banquet (at 6:30 tonight).... Lucky for posterity, 'crazy' ranch owner held off developers Many people thought Muriel MacGregor crazy. She was never the same after that stroke. She couldn't run the family ranch properly but refused to sell it to developers swooping down on one of Colorado's most scenic and historic ranches. The 2,100-acre spread settled by her grandfather, Alexander Q. MacGregor, in 1873 snuggles up against Rocky Mountain National Park. Set in a ponderosa-fringed meadow, the ranch overlooks Longs Peak and is guarded by the famous Twin Owls rock formation.... On The Edge Of Common Sense: That crazy cow turned out to be a lifesaver Kevin bought the crazy cow at the Willcox sale. She was a big, black, hornless, part braymer with a red patch of hair on her poll like Woody Woodpecker. That spring they planned to move a few of the cows to a far pasture in the gooseneck trailer. All but the crazy cow loaded. She ran to the backside of the corral and paced the fence....
Friday, March 05, 2004
DIAMOND BAR CATTLE COMPANY
It has been reported to me the NM Livestock Board did not vote on the MOU, because it was not on the agenda. As a result, the MOU stands as signed by Mr. Manzanares.
The attorney for the Paragon Foundation was there, and it is my understanding a lawsuit will be filed against the Board.
Also at the meeting, board member Joe Delk asked that a letter be sent to the U.S. attorney, containing a series of questions. Mr. Delk was told that the letter would be sent, after review by the Attorney General. The following is the proposed text of the letter:
The New Mexico Livestock Board respectfully submits this letter to the attorneys for the Forest Service in the matter of Laney v. USA.
The Board’s purpose is to foster an atmosphere of cooperation and to increase understanding of the legal questions involved. It is the intention of the New Mexico Livestock Board to strictly adhere to its obligation under the law. The NMLB entreats all parties to refrain from action during this exchange of letters.
The NMLB asks that the attorneys for the Forest Service answer the following questions in sufficient detail and in a manner that would facilitate understanding by a group of non-attorneys. Most of the questions that have caused concern to the Board will probably seem simplistic and off point to individuals engaged in the legal profession. But if you could help us understand the context and meaning of the Court’s opinion, perhaps our members could work our way around the margins to the core of the decision. We are possessed of the Court’s opinions and in our limited understanding the decisions raise more questions than they answer. In this vein, we ask that you resist simply citing the Court and instead address the concern behind the question. Also, we ask that legal terms be substituted with plain language wherever possible.
1. Please explain the extent of the jurisdiction of the Court in this case. What evidence did the Court permit? What were the limits of the evidence? Did the Court consider or allow anything beyond the Forest Service regulations?
2. Cite exactly the authority under which the Court orders the impoundment and removal of the Laney’s cattle.
3. In Fort Leavenworth Ry.Co. v. Lowe, Minnesota v. Bachelder and Woodruff v. Mining Co. and others the Supreme Court has consistently held that without a specific grant of jurisdiction from the State the United States is no more than a mere proprietor over lands within the State. Why would the Forest Service be more than a mere proprietor in this case? Is the Gila National Forest a federal enclave? (Note: As dealt with in Woodruff v. Mining Co. the “disclaimer clause” in the New Mexico Enabling Act would not qualify as a grant of jurisdiction.)
4. If, as we read, the Forest Service is no different than any other land owner in New Mexico, why wouldn’t Garland v. Wynn apply wherein the Supreme Court stated, “The Courts of a state must determine the validity of title to land within the state, even if the title emanates from the United States or if the controversy involves the construction of federal statutes.”
5. Why wouldn’t Printz v. United States apply in this situation? In Printz the Supreme Court stated, “We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the states officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the State’s officers, or those of their political subdivisions, to administer, or enforce a federal regulatory program. It matters not whether policymaking is involved, and no case-by-case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty.”
6. In one document produced by the Court it stated, “The United States has authority, pursuant to 36 CFR § 262.10 and the common law of trespass, to remove and impound unauthorized livestock from National Forest Lands and need not seek or obtain a court order to do so.” We covered the CFR regs in questions 1, 2 and 5. This question involves “the common law of trespass”. In Coyle v. Oklahoma and Pollard v. Hagan the Supreme Court held that states hold “sovereignty and jurisdiction over all the territory within [their] limits, subject to the common law, to the extent that [they] possessed it before [they] ceded it to the United States.” Why wouldn’t the Court’s citation of the “common law of trespass” tend to support the Laney’s point that their vested rights need to go to a State Court?
7. In the Federal Land Policy and Management Act, The Public Rangelands Improvement Act, The Forest Management Act and the Wilderness Act all together contain over a dozen disclaimers making the legislation subject to “valid existing rights” that go right to the controversy in this issue. Why don’t these “valid existing rights” deserve a court hearing according to Garland v. Wynn?
8. The Laneys, in fact, have declared theirs is a “vested right” which is, (according to Stockley v. United States, Wyoming v. United States and Writh v. Branson) a superior right to a “valid existing right”. Did the Court consider the “vested right” claims of the Laneys that predated the establishment of the Gila National Forest?
9. What is the nature and extent of the servient estate over which the Forest Service is a proprietor?
10. Is there any order of any Court that directly orders or compels the New Mexico Livestock Board to do anything that does not conform to its statutory responsibility? If so, cite precisely.
11. Is there any order of any Court that directly orders or compels the New Mexico Livestock Board to do anything beyond its statutory jurisdiction? If so, cite precisely.
12. Is there any order of any Court that directly orders or compels the New Mexico Livestock Board to treat the Forest Service any differently than any other landowner in New Mexico? If so, cite precisely.
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Ranchers Protest Court Order Allowing Cattle Seizures
About 100 ranchers appeared before the New Mexico Livestock Board Friday to protest a court order that allows the federal government to seize cattle that wander into the Gila National Forest.
A court order issued in December gave the federal government the right to impound cattle owned by New Mexico rancher Kit Laney, who owns property near the national forest.
Cattle from Laney's ranch, Diamond Bar, often graze in the Gila Forest, which is protected by the federal government.
The ranchers who crowded in front of the New Mexico Livestock Board said they were upset about the court order.
In addition, they said they are angry at the land board's chairman signed a memorandum of agreement saying the board understands the federal order and will abide by it.
"We feel like the attorney general's office steamrolled the chairman and he signed it, and their own bylaws don't allow it," one rancher complained.
The ranchers said the land board should be fighting for their rights, not for the federal government.
The board's lawyer said the agreement follows a federal judge's order and does not advocate for either party involved in the legal dispute.
A land board member drafted a letter to the attorney general Friday asking for more information about the memorandum of understanding before members approve it.
Laney's attorney said a contractor is on Diamond Bar now and is impounding cattle.
There is a problem, however. No survey has been completed to determine where Laney's land ends and the federal government's property begins, officials said.
Copyright 2004 by TheNewMexicoChannel.com.
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March 4, 2004
Marcia Andre, Supervisor
Gila National Forest
U.S. Department of Agriculture Forest Service
3005 E. Camino del Bosque
Silver City, New Mexico 88061 FAX: (505) 388-3204
Dear Supervisor Andre:
I am writing on behalf of the membership of the New Mexico Cattle Growers’ Association (NMCGA) to express concern and request extreme caution regarding the ongoing situation between the U.S. Forest Service (USFS) and the Diamond Bar Allotment. We are well aware that there is legal action involved and that there are court orders in place guiding your actions, at least in part.
However, we are extremely concerned about the highly inflammatory manner in which the USFS appears to be approaching the situation. We understand that there are some 16 USFS law enforcement officers (LEOs) supplemented by search dogs patrolling the area. While some security might be necessary, forces of this size and nature are an invitation to conflict. This sort of attempt at fear and intimidation may only antagonize anyone who happens to be in the area.
Furthermore, given the recent moisture the area has received, we are seriously concerned about the impact of all of this activity on muddy roads and ultimately water quality.
Finally, we are hearing rumors that threats are being made by the livestock community against the USFS and/or its contractors. We have certainly counseled caution in this area. While we know that you have no more direct control over the rumor mill than we do, we believe that you can exert some control over the participation in it by employees under your direction. Not only are such statements counter-productive to a peaceful resolution to the current situation, but also they may be actionable under the law.
Thank you in advance for your consideration of our requests for restraint on behalf of the USFS. This situation can end without conflict, but only if all parties concerned act responsibly and with respect for the rights and feelings of others.
Sincerely,
Caren Cowan
Executive Director
It has been reported to me the NM Livestock Board did not vote on the MOU, because it was not on the agenda. As a result, the MOU stands as signed by Mr. Manzanares.
The attorney for the Paragon Foundation was there, and it is my understanding a lawsuit will be filed against the Board.
Also at the meeting, board member Joe Delk asked that a letter be sent to the U.S. attorney, containing a series of questions. Mr. Delk was told that the letter would be sent, after review by the Attorney General. The following is the proposed text of the letter:
The New Mexico Livestock Board respectfully submits this letter to the attorneys for the Forest Service in the matter of Laney v. USA.
The Board’s purpose is to foster an atmosphere of cooperation and to increase understanding of the legal questions involved. It is the intention of the New Mexico Livestock Board to strictly adhere to its obligation under the law. The NMLB entreats all parties to refrain from action during this exchange of letters.
The NMLB asks that the attorneys for the Forest Service answer the following questions in sufficient detail and in a manner that would facilitate understanding by a group of non-attorneys. Most of the questions that have caused concern to the Board will probably seem simplistic and off point to individuals engaged in the legal profession. But if you could help us understand the context and meaning of the Court’s opinion, perhaps our members could work our way around the margins to the core of the decision. We are possessed of the Court’s opinions and in our limited understanding the decisions raise more questions than they answer. In this vein, we ask that you resist simply citing the Court and instead address the concern behind the question. Also, we ask that legal terms be substituted with plain language wherever possible.
1. Please explain the extent of the jurisdiction of the Court in this case. What evidence did the Court permit? What were the limits of the evidence? Did the Court consider or allow anything beyond the Forest Service regulations?
2. Cite exactly the authority under which the Court orders the impoundment and removal of the Laney’s cattle.
3. In Fort Leavenworth Ry.Co. v. Lowe, Minnesota v. Bachelder and Woodruff v. Mining Co. and others the Supreme Court has consistently held that without a specific grant of jurisdiction from the State the United States is no more than a mere proprietor over lands within the State. Why would the Forest Service be more than a mere proprietor in this case? Is the Gila National Forest a federal enclave? (Note: As dealt with in Woodruff v. Mining Co. the “disclaimer clause” in the New Mexico Enabling Act would not qualify as a grant of jurisdiction.)
4. If, as we read, the Forest Service is no different than any other land owner in New Mexico, why wouldn’t Garland v. Wynn apply wherein the Supreme Court stated, “The Courts of a state must determine the validity of title to land within the state, even if the title emanates from the United States or if the controversy involves the construction of federal statutes.”
5. Why wouldn’t Printz v. United States apply in this situation? In Printz the Supreme Court stated, “We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the states officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the State’s officers, or those of their political subdivisions, to administer, or enforce a federal regulatory program. It matters not whether policymaking is involved, and no case-by-case weighing of the burdens or benefits is necessary; such commands are fundamentally incompatible with our constitutional system of dual sovereignty.”
6. In one document produced by the Court it stated, “The United States has authority, pursuant to 36 CFR § 262.10 and the common law of trespass, to remove and impound unauthorized livestock from National Forest Lands and need not seek or obtain a court order to do so.” We covered the CFR regs in questions 1, 2 and 5. This question involves “the common law of trespass”. In Coyle v. Oklahoma and Pollard v. Hagan the Supreme Court held that states hold “sovereignty and jurisdiction over all the territory within [their] limits, subject to the common law, to the extent that [they] possessed it before [they] ceded it to the United States.” Why wouldn’t the Court’s citation of the “common law of trespass” tend to support the Laney’s point that their vested rights need to go to a State Court?
7. In the Federal Land Policy and Management Act, The Public Rangelands Improvement Act, The Forest Management Act and the Wilderness Act all together contain over a dozen disclaimers making the legislation subject to “valid existing rights” that go right to the controversy in this issue. Why don’t these “valid existing rights” deserve a court hearing according to Garland v. Wynn?
8. The Laneys, in fact, have declared theirs is a “vested right” which is, (according to Stockley v. United States, Wyoming v. United States and Writh v. Branson) a superior right to a “valid existing right”. Did the Court consider the “vested right” claims of the Laneys that predated the establishment of the Gila National Forest?
9. What is the nature and extent of the servient estate over which the Forest Service is a proprietor?
10. Is there any order of any Court that directly orders or compels the New Mexico Livestock Board to do anything that does not conform to its statutory responsibility? If so, cite precisely.
11. Is there any order of any Court that directly orders or compels the New Mexico Livestock Board to do anything beyond its statutory jurisdiction? If so, cite precisely.
12. Is there any order of any Court that directly orders or compels the New Mexico Livestock Board to treat the Forest Service any differently than any other landowner in New Mexico? If so, cite precisely.
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Ranchers Protest Court Order Allowing Cattle Seizures
About 100 ranchers appeared before the New Mexico Livestock Board Friday to protest a court order that allows the federal government to seize cattle that wander into the Gila National Forest.
A court order issued in December gave the federal government the right to impound cattle owned by New Mexico rancher Kit Laney, who owns property near the national forest.
Cattle from Laney's ranch, Diamond Bar, often graze in the Gila Forest, which is protected by the federal government.
The ranchers who crowded in front of the New Mexico Livestock Board said they were upset about the court order.
In addition, they said they are angry at the land board's chairman signed a memorandum of agreement saying the board understands the federal order and will abide by it.
"We feel like the attorney general's office steamrolled the chairman and he signed it, and their own bylaws don't allow it," one rancher complained.
The ranchers said the land board should be fighting for their rights, not for the federal government.
The board's lawyer said the agreement follows a federal judge's order and does not advocate for either party involved in the legal dispute.
A land board member drafted a letter to the attorney general Friday asking for more information about the memorandum of understanding before members approve it.
Laney's attorney said a contractor is on Diamond Bar now and is impounding cattle.
There is a problem, however. No survey has been completed to determine where Laney's land ends and the federal government's property begins, officials said.
Copyright 2004 by TheNewMexicoChannel.com.
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March 4, 2004
Marcia Andre, Supervisor
Gila National Forest
U.S. Department of Agriculture Forest Service
3005 E. Camino del Bosque
Silver City, New Mexico 88061 FAX: (505) 388-3204
Dear Supervisor Andre:
I am writing on behalf of the membership of the New Mexico Cattle Growers’ Association (NMCGA) to express concern and request extreme caution regarding the ongoing situation between the U.S. Forest Service (USFS) and the Diamond Bar Allotment. We are well aware that there is legal action involved and that there are court orders in place guiding your actions, at least in part.
However, we are extremely concerned about the highly inflammatory manner in which the USFS appears to be approaching the situation. We understand that there are some 16 USFS law enforcement officers (LEOs) supplemented by search dogs patrolling the area. While some security might be necessary, forces of this size and nature are an invitation to conflict. This sort of attempt at fear and intimidation may only antagonize anyone who happens to be in the area.
Furthermore, given the recent moisture the area has received, we are seriously concerned about the impact of all of this activity on muddy roads and ultimately water quality.
Finally, we are hearing rumors that threats are being made by the livestock community against the USFS and/or its contractors. We have certainly counseled caution in this area. While we know that you have no more direct control over the rumor mill than we do, we believe that you can exert some control over the participation in it by employees under your direction. Not only are such statements counter-productive to a peaceful resolution to the current situation, but also they may be actionable under the law.
Thank you in advance for your consideration of our requests for restraint on behalf of the USFS. This situation can end without conflict, but only if all parties concerned act responsibly and with respect for the rights and feelings of others.
Sincerely,
Caren Cowan
Executive Director
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Administration Negotiating Transfer of Kirwin National Wildlife Refuge to State of Kansas The U.S. Fish and Wildlife Service is in discussions to surrender management of a national wildlife refuge and turn it over to a state agency, according to an agency email released today by the Blue Goose Alliance and Public Employees for Environmental Responsibility (PEER). The groups are expressing concern about both the legality and wisdom of dismantling the National Wildlife Refuge System in a letter they also released today.... DCI investigates wolf incident The state Division of Criminal Investigation is looking into the incident of tranquilized wolves left on private land near Meeteetse on Feb. 14. Park County Attorney Bryan Skoric said he requested the DCI investigation into possible criminal trespass charges Tuesday afternoon. 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The investigation also found no evidence of illegal personnel practices," according to a U.S. Department of Interior memorandum obtained by The Salt Lake Tribune through the Freedom of Information Act.... Court Decision Gives GE Chance to Sue EPA A federal appeals court has revived a lawsuit challenging the constitutionality of the 1980 Superfund law that allows the government to assess polluters for cleaning up toxic waste sites. The unanimous decision by a three-judge panel of the U.S. Court of Appeals directs a lower court judge to reopen General Electric Co.'s suit against the Environmental Protection Agency arising out of a planned $500 million cleanup of the upper Hudson River. U.S. District Court Judge John D. Bates wrongly dismissed the suit a year ago when he ruled GE didn't have standing to bring it until after EPA issued a cleanup order requiring the company to pay the entire cost of removing carcinogenic PCBs it had dumped into the river since the mid-1940s, the panel said. The lawsuit claimed the Superfund statute violates due process rights by giving regulators unchecked authority to order costly, intrusive cleanups with no chance at a timely review by the courts.... Interior proposes Trinity deal The federal government wants to end the years of litigation about flows on the Klamath water issue's other stem, the Trinity River. First, though, it would have to get the sides of the water debate to support a new proposal. Bennett Raley, an assistant Interior secretary, was in Northern California earlier this week meeting with the parties to a court fight over flows on the Trinity. He came with a proposal for "adaptive management," or flexible flow schedules for the river.... COLORADO RIVER: Plan to boost water share returns The federal government is evaluating a controversial plan that would allow Southern Nevada to draw more water from the Colorado River to meet the demands of a growing population in a drought-stricken desert. Federal lawyers are reviewing a decade-old proposal that would let the Southern Nevada Water Authority increase its allocations by adding water that flows into Lake Mead from the Virgin and Muddy rivers, said Bennett Raley, Interior Department assistant secretary for water and science, on Wednesday.... Reactions to Cloud Seeding Are Mixed at West Texas Meeting Like two thunderclouds clashing in a storm, opposite sides of the cloud-seeding issue collided Wednesday at a Texas Department of Licensing and Regulation public hearing. What started out as a gentle rain of opposition from speakers turned into a hailstorm of questions being fired at C.E. Williams, general manager of Panhandle Groundwater Conservation District.... 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After years of campaigning by conservationists, U.S. Fish and Wildlife Service officials have added to the federal endangered list four subspecies of wild foxes native to Santa Cruz, Santa Rosa, San Miguel and Santa Catalina islands off the Ventura and Los Angeles county coasts. A little more than 300 wild foxes remain on the four islands.... Scientists to reconsider sturgeon protection A judge has ordered federal fisheries scientists to reconsider their finding that green sturgeon do not merit Endangered Species Act protection, saying the failure to take into account the large loss of spawning habitat made no sense. The ruling by U.S. Magistrate Elizabeth Laporte in San Francisco was a step forward for environmentalists battling the Bush administration over the loss of fish and wildlife habitat on the West Coast to irrigation, particularly in the Klamath Basin and California's Central Valley. "The message is the ecosystem is collapsing and the economic value of protecting these areas is far greater than diverting water to grow subsidized crops," said Wendell Wood of the Oregon Natural Resources Council, one of the conservation groups that brought the lawsuit. Brent Plater, an attorney for the Center for Biological Diversity, said the ruling was significant because it declared the failure to analyze the loss of spawning habitat was "arbitrary and capricious.".... Enviro groups cry foul Tribes, fishermen groups and environmentalists are claiming a betrayal of trust because they say PacifiCorp's application to renew operations of Klamath River dams overlooks salmon restoration options. "Although the relicensing process provided stakeholders with a form to voice their concerns as the proposed license was developed, many charge that the final product ignored their input, the input of the scientific community, and most importantly, the needs of Klamath River salmon," said Craig Tucker with Friends of the River in a March 1 press release.... One for the books: Hounds tree Michigan wolverine When Thumb-area coyote hunters turned their hounds loose in Huron County on the morning of Feb. 24, they had little idea that it would become a historical day. A coyote or fox was the intended quarry, and a primary purpose of the hunt was to listen to the chorus of hounds on a hot scent. In no time, the hounds hit a hot scent trail meandering through the freshly fallen snow. But the tracks of the animal being pursued puzzled the hunters. None of them could identify the tracks. “We actually thought that maybe it was a mountain lion that had come across from Canada on the ice,” said Cass City’s John Boland, who was in on the chase. “It was a track none of us had ever seen before and we wanted to see what it was.” Soon, the object of the chase was sighted and the hunters surmised that it was a wolverine.... USFWS Chief: Wyoming must bend Wyoming lawmakers are going to have to compromise in order for wolves to be taken off the endangered species list, U.S. Fish and Wildlife Service Director Steve Williams said Thursday. "The stumbling block is unregulated take," Williams said. "Call them what you want. The predator class in Wyoming is unregulated take. The Endangered Species Act says you have to have adequate regulatory mechanisms. To approve a plan that does not conform with the law doesn't make any sense.".... Group sues fisheries service over steelhead listing A group representing farmers in Eastern Washington and Oregon sued the National Marine Fisheries Service on Thursday, saying the agency is illegally listing Columbia River and upper Willamette River steelhead as threatened under the Endangered Species Act. The Pacific Legal Foundation argued that when counting the fish, the fisheries service must include wild and hatchery-raised steelhead, as dictated by a federal court ruling concerning coho salmon in Oregon in 2001. In addition, the lawsuit, filed in U.S. District Court in Yakima, says the fisheries service must count rainbow trout, which it says are scientifically indistinct from steelhead, though rainbows remain in fresh water while steelhead migrate to the ocean.... Administration Negotiating Transfer of Kirwin National Wildlife Refuge to State of Kansas The U.S. Fish and Wildlife Service is in discussions to surrender management of a national wildlife refuge and turn it over to a state agency, according to an agency email released today by the Blue Goose Alliance and Public Employees for Environmental Responsibility (PEER). The groups are expressing concern about both the legality and wisdom of dismantling the National Wildlife Refuge System in a letter they also released today.... DCI investigates wolf incident The state Division of Criminal Investigation is looking into the incident of tranquilized wolves left on private land near Meeteetse on Feb. 14. Park County Attorney Bryan Skoric said he requested the DCI investigation into possible criminal trespass charges Tuesday afternoon. The DCI could spend up to two weeks talking with "witnesses and potential suspects" and reviewing paperwork including maps and Global Positioning System coordinates, Skoric said Wednesday. "I want to gather all the facts," Skoric said. He said criminal trespass is a misdemeanor under Wyoming law.... Park Service official quits in protest The National Park Service's Number Two man in charge of wilderness programs has quit in protest. Jim Walters, who'd worked for the Park Service for 37 years, says the agency has shirked its legal responsibilities to protect the wild back country.... New federal drilling plan benefits a Republican donor The federal government has eased oil and gas drilling restrictions on a large tract of desert grassland in New Mexico in a decision that benefits a large Republican donor in the state. The donor, George Yates, said his contributions and fund-raising assistance to Vice President Dick Cheney had nothing to do with the decision. The Interior Department says its drilling plan, while opening up more land in Otero Mesa, will be the most restrictive ever. The Bush administration "would allow 141 oil and gas wells over about 7 million acres; Interior is committed to protecting our public lands," department spokesman Mark Pfeifle said. However, environmentalists are crying foul.... Stretch of Colo. land becomes battleground It's a deceptively peaceful scene. The Roan is a battleground, much as it was in 1894 when cattlemen vying for grazing rights against sheep ranchers drove 4,000 sheep off the cliffs in a clash known as the Peach Day Massacre. More than a century later, the latest fight over the Roan — owned by the American public and managed by the Department of Interior's Bureau of Land Management — focuses on natural gas. Deep beneath the plateau rests 5.5 trillion cubic feet of natural gas, enough to heat 2.5 million homes for 20 years. Drilling on the plateau for natural gas, which the Bush administration has signaled it favors, would bring jobs and more than $100 million for the local county. So it is supported by some local chambers of commerce and regional government associations.... Monument probe ends: U.S. reviews complaints, backs Grand Staircase-Escalante managers The embattled managers of the Grand Staircase-Escalante National Monument have been exonerated of allegations of wrongdoing, according to a federal investigation initiated at the request of Sen. Orrin Hatch. The probe looked into allegations that monument management engaged in illegal hiring practices, intimidated staff and sought to eliminate livestock grazing within the 1.9-million-acre federal reserve in southern Utah. "No evidence was found to indicate that any illegal activities or violations of regulations occurred related to the grazing program. The investigation also found no evidence of illegal personnel practices," according to a U.S. Department of Interior memorandum obtained by The Salt Lake Tribune through the Freedom of Information Act.... Court Decision Gives GE Chance to Sue EPA A federal appeals court has revived a lawsuit challenging the constitutionality of the 1980 Superfund law that allows the government to assess polluters for cleaning up toxic waste sites. The unanimous decision by a three-judge panel of the U.S. Court of Appeals directs a lower court judge to reopen General Electric Co.'s suit against the Environmental Protection Agency arising out of a planned $500 million cleanup of the upper Hudson River. U.S. District Court Judge John D. Bates wrongly dismissed the suit a year ago when he ruled GE didn't have standing to bring it until after EPA issued a cleanup order requiring the company to pay the entire cost of removing carcinogenic PCBs it had dumped into the river since the mid-1940s, the panel said. The lawsuit claimed the Superfund statute violates due process rights by giving regulators unchecked authority to order costly, intrusive cleanups with no chance at a timely review by the courts.... Interior proposes Trinity deal The federal government wants to end the years of litigation about flows on the Klamath water issue's other stem, the Trinity River. First, though, it would have to get the sides of the water debate to support a new proposal. Bennett Raley, an assistant Interior secretary, was in Northern California earlier this week meeting with the parties to a court fight over flows on the Trinity. He came with a proposal for "adaptive management," or flexible flow schedules for the river.... COLORADO RIVER: Plan to boost water share returns The federal government is evaluating a controversial plan that would allow Southern Nevada to draw more water from the Colorado River to meet the demands of a growing population in a drought-stricken desert. Federal lawyers are reviewing a decade-old proposal that would let the Southern Nevada Water Authority increase its allocations by adding water that flows into Lake Mead from the Virgin and Muddy rivers, said Bennett Raley, Interior Department assistant secretary for water and science, on Wednesday.... Reactions to Cloud Seeding Are Mixed at West Texas Meeting Like two thunderclouds clashing in a storm, opposite sides of the cloud-seeding issue collided Wednesday at a Texas Department of Licensing and Regulation public hearing. What started out as a gentle rain of opposition from speakers turned into a hailstorm of questions being fired at C.E. Williams, general manager of Panhandle Groundwater Conservation District.... Lawsuit heats up gold mining battle Colorado has become a battleground for the surging gold mining industry and its opponents - a group that includes environmentalists, ranchers, farmers and activists. The latest salvo was fired by the industry last week when the Colorado Mining Association sued Summit County for imposing a ban in late January on cyanide heap leach, a mining technique used to extract gold from low- grade ore.... The Most Expensive Ranches Michael Jackson's public image may be many things to different people, but one identity that doesn't immediately leap to mind is rancher. However, the name for his California home, Neverland Ranch, isn't just a matter of whimsy. By leasing out some of his land to a cattle rancher and agreeing not to develop the rest of it, like many landowners the King of Pop for years has received tax credits saving him tens of thousands of dollars in property taxes....
Thursday, March 04, 2004
DIAMOND BAR CATTLE COMPANY
For Immediate Release
3/4/04
Contact: Erik L. Ness - Director of Communications (505) 532-4705/
(505) 644-1416
(Las Cruces, N.M.) The New Mexico Farm and Livestock Bureau today urged the state agency involved with the ownership of livestock to use extreme caution regarding the disposition of cattle in the case involving ranchers Kit and Sherry Laney and the U.S. Forest Service.
The Forest Service is in the process of rounding up several hundred head of cattle belonging to the Diamond Bar Ranch in a dispute over grazing and property rights in the Gila National Forest in western New Mexico.
N.M. Farm Bureau President, Michael White of Dexter, said the Livestock Board must take action consistent with state law regarding the impoundment, movement and any potential sale of the Laney cattle.
"The New Mexico Livestock Board is facing monumental decisions in this case and our statewide organization will be watching very carefully any possible precedent setting actions of this panel as these cattle are gathered by a private contractor hired by the Forest Service," White said.
The Farm Bureau leader also said it is not up to the Livestock Board to further litigate the Laney case but to follow its statutory duty in regard to how these, or any other cattle, are impounded, inspected, transported or sold.
"We have been watching this case for more than a decade and are very concerned about the protection of property rights for our ranchers, farmers and all citizens." White said.
White stated that the N.M. Livestock Board is bound by statute to follow the state livestock code and associated laws and should not bow to political pressure from governmental officials or other groups.
"We fully realize the Livestock Board is acting in accordance with counsel from the N.M. Attorney General’s office and we urge the members of the brand board to carefully consider all aspects of such legal advice," White said.
In addition to cautioning the Livestock Board, White pointed out that the Forest Service should be completely transparent in all of its actions and dealings because of the controversial nature of this case.
The N.M. Farm and Livestock Bureau is urging its members statewide to express their concern to the state livestock agency and the state’s congressional delegation.
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Media advisory: For clarification the N.M. Farm and Livestock Bureau is a private, general agricultural organization with 17,000 family-members in all New Mexico counties.
The New Mexico Livestock Board is a state agency charged with the inspection of the sale and movement of cattle in the state. It also is known as the "Brand Board."
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March 2, 2004
To: Bill King, Chairman
New Mexico Livestock Board
PO Box 564
Stanley, New Mexico 87056
From: Joe Delk, Tweeti Blancett, David Kincaid
New Mexico Livestock Board Members
Subject: Memorandum of Understanding between New Mexico Livestock Board and United States Department of Agriculture, Forest Service concerning impoundment and movement of cattle from the Diamond Bar and Laney Grazing Allotments in the Gila National Forest.
As members of the New Mexico Livestock Board, we were caught completely by surprise to find this Memorandum of Understanding had been signed by our Executive Director without allowing each member of the Livestock Board to read, provide input and vote on this most important document. Where in the policy and procedures of the Livestock Board has this authority been delegated to the Executive Director?
It is not a stretch to say that this may be one of the most important decisions ever made by the Board. Is the precedent being established one that respects our oath to uphold the laws of New Mexico? Is the whole Board now required to accept liability for documents we have never discussed or voted on—or for that matter even seen? Will the precedents established concerning property rights, state law, Supreme Court decisions, and the jurisdiction of federal courts and agencies damage New Mexico and its’ citizens? Are we, as Board members, being lulled, or worse, intimidated into committing misfeasance? What is the harm in having our questions addressed in the open? Let’s take our time and deliberate on behalf of the great state and citizens we’ve sworn to serve..
We request this Memorandum of Understanding be set aside and the Forest Service be immediately advised of this action. We further request that you then place this memorandum on our agenda for discussion and action in open session at the board meeting on March 5, 2004.
If our appointments to this board mean anything, we expect to be included in the decision-making process especially concerning issues as critical as the one that this MOU addresses.
___________________________ ___________________________
Joe Delk Tweeti Blancett
___________________________
David Kincaid
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Bill King, Chairman
New Mexico Livestock Board
Dear Mr. King:
The New Mexico Public Lands Council represents ranchers grazing livestock on land administered by the US Forest Service, Bureau of Land Management and the New Mexico State Land Office. Our organization is an advocate for the ranching industry and grazing on federal and state trust land. According to our bylaws, one of our primary purposes is “To improve the Federal and State policies governing the management of federal and trust lands for grazing utilization by livestock by appropriate revisions in legislation, policies and regulations.” Therefore the situation that has developed between Kit and Sherry Laney and the Diamond Bar Cattle Company and the US Forest Service is of particular interest to our association’s members.
We believe the Laney’s have a valid claim to their property rights to graze and water their cattle and conduct related activities on the Diamond Bar allotment. The court rulings regarding removal of their cattle have not settled the property rights claims involved in this case.
We understand that the US Forest Service intends to gather and impound the Laney’s cattle pursuant to their regulations and court decisions. If that does occur, it is of extreme importance to New Mexico’s livestock industry that such actions are taken in full accordance with New Mexico state law regarding livestock identification, transportation and change of ownership. We believe New Mexico state laws on these issues were written to assure that commerce in livestock in the state is conducted in a businesslike manner that is fair to all parties involved.
Due to the deteriorating relationship between the US Forest Service and the ranching community in the state and actions by both the Forest Service and the Bureau of Land Management in other states it appears more conflicts such as this are likely. The actions in this case could set important precedents as to how these issues are handled in the future. There could be long-lasting implications for our members and New Mexico’s livestock industry as a result of the Livestock Board’s action in this case.
It is our understanding that the New Mexico Attorney General’s Office has furnished the Livestock Board with an opinion on this case. With all due respect to the Attorney General’s Office, we request that the New Mexico Livestock Board seek additional legal opinions on the Livestock Board’s statutory obligations and authority in this matter. There may be factors the Board should consider in determining a course of action that were not readily apparent to the Attorney General.
The New Mexico Livestock Board was established to serve the New Mexico livestock industry. Our livestock identification and inspection system has been of great benefit to the industry during its history and is the envy of many other states. The manner in which this case is handled could have long-term impacts on the Livestock Board’s future authority and effectiveness. We do not want to see the past record compromised or potential liability incurred by actions in this case that are not in accordance with New Mexico law. We hope you will consider this request seriously.
Sincerely,
Mike G. Casabonne, President
New Mexico Public Lands Council
Cc: New Mexico Livestock Board Members
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February 26, 2004
Mr. Bill King, Chairman
New Mexico Livestock Board
P.O. Box 564
Stanley, New Mexico 87056 FAX: 505.832.6262
Dear Mr. King:
The New Mexico Cattle Growers’ Association (NMCGA) understands that the US Forest Service (USFS) intends to gather and impound cattle belonging to Kit and Sherry Laney on the Diamond Bar Allotment located in the Gila National Forest pursuant to their regulations and court decisions. If that does occur, it is of extreme importance to New Mexico’s livestock industry that such actions are taken in full accordance with New Mexico state law regarding livestock identification, transportation and change of ownership. We believe New Mexico state laws on these issues were written to assure that commerce in livestock in the state is conducted in a businesslike manner that is fair to all parties involved.
Please find enclosed a resolution that was passed at the NMCGA Board of Winter Directors Meeting held in Santa Fe earlier this month.
We believe the Laney’s have a valid claim to their property rights to graze and water their cattle and conduct related activities on the Diamond Bar allotment. The court rulings regarding removal of their cattle have not settled the property rights claims involved in this case.
Due to the deteriorating relationship between the USFS and the ranching community in the state and actions by both the USFS and the Bureau of Land Management in other states it appears more conflicts such as this are likely. The actions in this case could set important precedents as to how these issues are handled in the future. There could be long-lasting implications for our members and New Mexico’s livestock industry as a result of the New Mexico Livestock Board’s (NMLB) action in this case.
It is our understanding that the New Mexico Attorney General’s Office has furnished the NMLB with advice on this case. With all due respect to the Attorney General’s Office, we request that the NMLB seek additional legal opinions on the Board’s statutory obligations and authority in this matter. There may be factors the Board should consider in determining a course of action that were not readily apparent to the Attorney General.
The NMLB was established to serve the New Mexico livestock industry. Our livestock identification and inspection system has been of great benefit to the industry during its history and is the envy of many other states. The manner in which this case is handled could have long-term impacts on the Board’s future authority and effectiveness. We do not want to see the past record compromised or potential liability incurred by actions in this case that are not in accordance with New Mexico law. We hope you will consider this request seriously.
Sincerely,
Don L. “Bebo” Lee
President
Cc: NMLB Members
NMLB Director
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Becky Campbell
HC 68 Box 80
Silver City, NM 88061-9351
536-9314
ROAD CLOSURE AND LANEY CATTLE
Welcome to the Gila Wilderness Naziland and the King's forest that no one can enter. State road 61 is blocked by the Gestapo in green USFS shirts packing pistols and tearing up and down the road attempting to intimidate local property owners. It takes this multitude of USFS Gestapo, trucks, support troops, plus closing the King's forest, trails and roads just to gather cattle that two or three real cowboys handle easily. All this frantic activity and secrecy is at great cost to us tax payers. The actual cost of all this is another secret. What is really going on behind closed doors or closed roads? Why is the media only allowed in under escort? Are they abusing the cattle that are just innocent animals? Are the cows getting enough hay and fresh water? Is there excessive harassment occurring to the area property owners? Particularly Kit and Sherry Laney? I am one of the property owners in this locked up land. This closure impacts my livelihood which is tourism. What this really boils down to is State Rights vs. Federal regulations. This forest is supposed to belong to us the people, NOT TO U.S. the Federal Government! More and more often our forests are
closed to us. No camping, no hiking, no fishing, no picnicking, and no horseback riding. How soon no hunting?
Why all the hullabaloo over gathering a medium herd of cattle? Why can't they calmly do what they are determined to do without disrupting community businesses and community lives? How many of our State's laws are the USFS breaking? Where do they get the authority to close a State Road to the public? How ashamed the cattle contractor must be of his part, for he doesn't even want his name to be known --- another secret. I am ashamed of my government. But I am proud of the courage that is shown by many of my fellow citizens.
Becky Campbell
Gila Hot Springs
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Kit & Sherry Laney HC 30 Box 470 • Winston, NM 87943
Black Canyon: (505) 772-5535
Link: (505) 772-5536
CONSTRUCTIVE NOTICE AND DEMAND TO CEASE AND DESIST THE UNLAWFUL REMOVAL OF OUR CATTLE
February 28, 2004
TO: Contractor
We, Kit and Sherry Laney, hereby give you CONSTRUCTIVE NOTICE and DEMAND THAT YOU CEASE AND DESIST your involvement in the unlawful removal of our cattle. The Forest Service has left the mistaken impression that you will not be held accountable for violating the New Mexico statutes or civil damages arising from your unlawful actions. They have based their actions on a Memorandum of Understanding (MOU) signed by the Forest Service Regional Forester and the Executive Director of the New Mexico Livestock Board, Mr. Daniel Manzanares.
The MOU is an unlawful and illegal document, and therefore should be revoked for the following reasons:
1. The parties to the MOU are not named.
2. The MOU alludes to an agreement made between the un-named parties, but the agreement is not made a part of the MOU.
3. The Executive Director signed the MOU without the knowledge and consent of the members of the New Mexico Livestock Board.
4. An MOU carries no legal weight. It cannot be used to circumvent state law.
The Forest Service is not operating under a Court Order as it has implied, but under its regulations that apply to national forest system lands. The Court Order on which they base their actions does not order the Forest Service to remove the cattle. It merely states that the Forest Service is authorized to remove the cattle from national forest system lands.
We have an undisputed deeded private property right to use the lands within the boundaries of the Diamond Bar and Laney ranches for raising livestock. Our cattle are ranging on our vested private property right in land—not on national forest system lands. Therefore, you will be trespassing on our private property and illegally taking our cattle. We will file complaints against your for violation of the New Mexico Livestock Code.
We own all stockwatering rights within the boundaries of our ranches. We do not give you permission to use any of our stock water. If you do, we will file a complaint against you under NMSA 19-3-14, 19-3-15, and 19-3-16. If convicted, you will be subject to a fine of not more than $1,000 and/or imprisonment of not more than six months. Each day’s violation will be a separate offense.
Also, we would like to give you some personal advice. After almost 19 years of attempting to work with the FS, we learned that the U. S. Supreme Court was right when it said “Persons dealing with the government are charged with knowing government statutes and regulations, and they assume the risk that government agents may exceed their authority and provide misinformation…” Lavin v. March, 644 F.2nd 1378 (9th Cir., 1981) [emphasis added]. When government agents exceed their authority their decisions and actions are invalid, and they no longer have immunity from being sued as individuals. Not only will we hold you accountable under State law, but we will also hold all the Forest Service personnel accountable as individuals who are involved in the decisions and actions to remove our cattle.
The MOU states that all proceeds of the sale of the cattle will go to the Gila National Forest. This is an untrue statement. Our cattle are secured under an UCC Security Agreement in an amount that is far more than the cattle will bring. There will be no funds left over for the Forest Service to use to pay you. Therefore, your payment will have to come out of the Forest Service’s normal budget or from a special allocation of funds. Keep in mind that the Forest Service in this area has a long standing reputation for very late payments on its obligations.
Please be advised that this Notice and Demand is not a threat. It is a statement of fact. The necessary documents to serve on you are already being prepared not only for unlawful removal of our cattle, but also for civil damages arising from your unlawful actions.
Respectfully submitted:
/s/ Kit Laney /s/ Sherry Laney
Kit Laney Sherry Laney
Cc: press
For Immediate Release
3/4/04
Contact: Erik L. Ness - Director of Communications (505) 532-4705/
(505) 644-1416
(Las Cruces, N.M.) The New Mexico Farm and Livestock Bureau today urged the state agency involved with the ownership of livestock to use extreme caution regarding the disposition of cattle in the case involving ranchers Kit and Sherry Laney and the U.S. Forest Service.
The Forest Service is in the process of rounding up several hundred head of cattle belonging to the Diamond Bar Ranch in a dispute over grazing and property rights in the Gila National Forest in western New Mexico.
N.M. Farm Bureau President, Michael White of Dexter, said the Livestock Board must take action consistent with state law regarding the impoundment, movement and any potential sale of the Laney cattle.
"The New Mexico Livestock Board is facing monumental decisions in this case and our statewide organization will be watching very carefully any possible precedent setting actions of this panel as these cattle are gathered by a private contractor hired by the Forest Service," White said.
The Farm Bureau leader also said it is not up to the Livestock Board to further litigate the Laney case but to follow its statutory duty in regard to how these, or any other cattle, are impounded, inspected, transported or sold.
"We have been watching this case for more than a decade and are very concerned about the protection of property rights for our ranchers, farmers and all citizens." White said.
White stated that the N.M. Livestock Board is bound by statute to follow the state livestock code and associated laws and should not bow to political pressure from governmental officials or other groups.
"We fully realize the Livestock Board is acting in accordance with counsel from the N.M. Attorney General’s office and we urge the members of the brand board to carefully consider all aspects of such legal advice," White said.
In addition to cautioning the Livestock Board, White pointed out that the Forest Service should be completely transparent in all of its actions and dealings because of the controversial nature of this case.
The N.M. Farm and Livestock Bureau is urging its members statewide to express their concern to the state livestock agency and the state’s congressional delegation.
-30-
Media advisory: For clarification the N.M. Farm and Livestock Bureau is a private, general agricultural organization with 17,000 family-members in all New Mexico counties.
The New Mexico Livestock Board is a state agency charged with the inspection of the sale and movement of cattle in the state. It also is known as the "Brand Board."
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March 2, 2004
To: Bill King, Chairman
New Mexico Livestock Board
PO Box 564
Stanley, New Mexico 87056
From: Joe Delk, Tweeti Blancett, David Kincaid
New Mexico Livestock Board Members
Subject: Memorandum of Understanding between New Mexico Livestock Board and United States Department of Agriculture, Forest Service concerning impoundment and movement of cattle from the Diamond Bar and Laney Grazing Allotments in the Gila National Forest.
As members of the New Mexico Livestock Board, we were caught completely by surprise to find this Memorandum of Understanding had been signed by our Executive Director without allowing each member of the Livestock Board to read, provide input and vote on this most important document. Where in the policy and procedures of the Livestock Board has this authority been delegated to the Executive Director?
It is not a stretch to say that this may be one of the most important decisions ever made by the Board. Is the precedent being established one that respects our oath to uphold the laws of New Mexico? Is the whole Board now required to accept liability for documents we have never discussed or voted on—or for that matter even seen? Will the precedents established concerning property rights, state law, Supreme Court decisions, and the jurisdiction of federal courts and agencies damage New Mexico and its’ citizens? Are we, as Board members, being lulled, or worse, intimidated into committing misfeasance? What is the harm in having our questions addressed in the open? Let’s take our time and deliberate on behalf of the great state and citizens we’ve sworn to serve..
We request this Memorandum of Understanding be set aside and the Forest Service be immediately advised of this action. We further request that you then place this memorandum on our agenda for discussion and action in open session at the board meeting on March 5, 2004.
If our appointments to this board mean anything, we expect to be included in the decision-making process especially concerning issues as critical as the one that this MOU addresses.
___________________________ ___________________________
Joe Delk Tweeti Blancett
___________________________
David Kincaid
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Bill King, Chairman
New Mexico Livestock Board
Dear Mr. King:
The New Mexico Public Lands Council represents ranchers grazing livestock on land administered by the US Forest Service, Bureau of Land Management and the New Mexico State Land Office. Our organization is an advocate for the ranching industry and grazing on federal and state trust land. According to our bylaws, one of our primary purposes is “To improve the Federal and State policies governing the management of federal and trust lands for grazing utilization by livestock by appropriate revisions in legislation, policies and regulations.” Therefore the situation that has developed between Kit and Sherry Laney and the Diamond Bar Cattle Company and the US Forest Service is of particular interest to our association’s members.
We believe the Laney’s have a valid claim to their property rights to graze and water their cattle and conduct related activities on the Diamond Bar allotment. The court rulings regarding removal of their cattle have not settled the property rights claims involved in this case.
We understand that the US Forest Service intends to gather and impound the Laney’s cattle pursuant to their regulations and court decisions. If that does occur, it is of extreme importance to New Mexico’s livestock industry that such actions are taken in full accordance with New Mexico state law regarding livestock identification, transportation and change of ownership. We believe New Mexico state laws on these issues were written to assure that commerce in livestock in the state is conducted in a businesslike manner that is fair to all parties involved.
Due to the deteriorating relationship between the US Forest Service and the ranching community in the state and actions by both the Forest Service and the Bureau of Land Management in other states it appears more conflicts such as this are likely. The actions in this case could set important precedents as to how these issues are handled in the future. There could be long-lasting implications for our members and New Mexico’s livestock industry as a result of the Livestock Board’s action in this case.
It is our understanding that the New Mexico Attorney General’s Office has furnished the Livestock Board with an opinion on this case. With all due respect to the Attorney General’s Office, we request that the New Mexico Livestock Board seek additional legal opinions on the Livestock Board’s statutory obligations and authority in this matter. There may be factors the Board should consider in determining a course of action that were not readily apparent to the Attorney General.
The New Mexico Livestock Board was established to serve the New Mexico livestock industry. Our livestock identification and inspection system has been of great benefit to the industry during its history and is the envy of many other states. The manner in which this case is handled could have long-term impacts on the Livestock Board’s future authority and effectiveness. We do not want to see the past record compromised or potential liability incurred by actions in this case that are not in accordance with New Mexico law. We hope you will consider this request seriously.
Sincerely,
Mike G. Casabonne, President
New Mexico Public Lands Council
Cc: New Mexico Livestock Board Members
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
February 26, 2004
Mr. Bill King, Chairman
New Mexico Livestock Board
P.O. Box 564
Stanley, New Mexico 87056 FAX: 505.832.6262
Dear Mr. King:
The New Mexico Cattle Growers’ Association (NMCGA) understands that the US Forest Service (USFS) intends to gather and impound cattle belonging to Kit and Sherry Laney on the Diamond Bar Allotment located in the Gila National Forest pursuant to their regulations and court decisions. If that does occur, it is of extreme importance to New Mexico’s livestock industry that such actions are taken in full accordance with New Mexico state law regarding livestock identification, transportation and change of ownership. We believe New Mexico state laws on these issues were written to assure that commerce in livestock in the state is conducted in a businesslike manner that is fair to all parties involved.
Please find enclosed a resolution that was passed at the NMCGA Board of Winter Directors Meeting held in Santa Fe earlier this month.
We believe the Laney’s have a valid claim to their property rights to graze and water their cattle and conduct related activities on the Diamond Bar allotment. The court rulings regarding removal of their cattle have not settled the property rights claims involved in this case.
Due to the deteriorating relationship between the USFS and the ranching community in the state and actions by both the USFS and the Bureau of Land Management in other states it appears more conflicts such as this are likely. The actions in this case could set important precedents as to how these issues are handled in the future. There could be long-lasting implications for our members and New Mexico’s livestock industry as a result of the New Mexico Livestock Board’s (NMLB) action in this case.
It is our understanding that the New Mexico Attorney General’s Office has furnished the NMLB with advice on this case. With all due respect to the Attorney General’s Office, we request that the NMLB seek additional legal opinions on the Board’s statutory obligations and authority in this matter. There may be factors the Board should consider in determining a course of action that were not readily apparent to the Attorney General.
The NMLB was established to serve the New Mexico livestock industry. Our livestock identification and inspection system has been of great benefit to the industry during its history and is the envy of many other states. The manner in which this case is handled could have long-term impacts on the Board’s future authority and effectiveness. We do not want to see the past record compromised or potential liability incurred by actions in this case that are not in accordance with New Mexico law. We hope you will consider this request seriously.
Sincerely,
Don L. “Bebo” Lee
President
Cc: NMLB Members
NMLB Director
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Becky Campbell
HC 68 Box 80
Silver City, NM 88061-9351
536-9314
ROAD CLOSURE AND LANEY CATTLE
Welcome to the Gila Wilderness Naziland and the King's forest that no one can enter. State road 61 is blocked by the Gestapo in green USFS shirts packing pistols and tearing up and down the road attempting to intimidate local property owners. It takes this multitude of USFS Gestapo, trucks, support troops, plus closing the King's forest, trails and roads just to gather cattle that two or three real cowboys handle easily. All this frantic activity and secrecy is at great cost to us tax payers. The actual cost of all this is another secret. What is really going on behind closed doors or closed roads? Why is the media only allowed in under escort? Are they abusing the cattle that are just innocent animals? Are the cows getting enough hay and fresh water? Is there excessive harassment occurring to the area property owners? Particularly Kit and Sherry Laney? I am one of the property owners in this locked up land. This closure impacts my livelihood which is tourism. What this really boils down to is State Rights vs. Federal regulations. This forest is supposed to belong to us the people, NOT TO U.S. the Federal Government! More and more often our forests are
closed to us. No camping, no hiking, no fishing, no picnicking, and no horseback riding. How soon no hunting?
Why all the hullabaloo over gathering a medium herd of cattle? Why can't they calmly do what they are determined to do without disrupting community businesses and community lives? How many of our State's laws are the USFS breaking? Where do they get the authority to close a State Road to the public? How ashamed the cattle contractor must be of his part, for he doesn't even want his name to be known --- another secret. I am ashamed of my government. But I am proud of the courage that is shown by many of my fellow citizens.
Becky Campbell
Gila Hot Springs
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Kit & Sherry Laney HC 30 Box 470 • Winston, NM 87943
Black Canyon: (505) 772-5535
Link: (505) 772-5536
CONSTRUCTIVE NOTICE AND DEMAND TO CEASE AND DESIST THE UNLAWFUL REMOVAL OF OUR CATTLE
February 28, 2004
TO: Contractor
We, Kit and Sherry Laney, hereby give you CONSTRUCTIVE NOTICE and DEMAND THAT YOU CEASE AND DESIST your involvement in the unlawful removal of our cattle. The Forest Service has left the mistaken impression that you will not be held accountable for violating the New Mexico statutes or civil damages arising from your unlawful actions. They have based their actions on a Memorandum of Understanding (MOU) signed by the Forest Service Regional Forester and the Executive Director of the New Mexico Livestock Board, Mr. Daniel Manzanares.
The MOU is an unlawful and illegal document, and therefore should be revoked for the following reasons:
1. The parties to the MOU are not named.
2. The MOU alludes to an agreement made between the un-named parties, but the agreement is not made a part of the MOU.
3. The Executive Director signed the MOU without the knowledge and consent of the members of the New Mexico Livestock Board.
4. An MOU carries no legal weight. It cannot be used to circumvent state law.
The Forest Service is not operating under a Court Order as it has implied, but under its regulations that apply to national forest system lands. The Court Order on which they base their actions does not order the Forest Service to remove the cattle. It merely states that the Forest Service is authorized to remove the cattle from national forest system lands.
We have an undisputed deeded private property right to use the lands within the boundaries of the Diamond Bar and Laney ranches for raising livestock. Our cattle are ranging on our vested private property right in land—not on national forest system lands. Therefore, you will be trespassing on our private property and illegally taking our cattle. We will file complaints against your for violation of the New Mexico Livestock Code.
We own all stockwatering rights within the boundaries of our ranches. We do not give you permission to use any of our stock water. If you do, we will file a complaint against you under NMSA 19-3-14, 19-3-15, and 19-3-16. If convicted, you will be subject to a fine of not more than $1,000 and/or imprisonment of not more than six months. Each day’s violation will be a separate offense.
Also, we would like to give you some personal advice. After almost 19 years of attempting to work with the FS, we learned that the U. S. Supreme Court was right when it said “Persons dealing with the government are charged with knowing government statutes and regulations, and they assume the risk that government agents may exceed their authority and provide misinformation…” Lavin v. March, 644 F.2nd 1378 (9th Cir., 1981) [emphasis added]. When government agents exceed their authority their decisions and actions are invalid, and they no longer have immunity from being sued as individuals. Not only will we hold you accountable under State law, but we will also hold all the Forest Service personnel accountable as individuals who are involved in the decisions and actions to remove our cattle.
The MOU states that all proceeds of the sale of the cattle will go to the Gila National Forest. This is an untrue statement. Our cattle are secured under an UCC Security Agreement in an amount that is far more than the cattle will bring. There will be no funds left over for the Forest Service to use to pay you. Therefore, your payment will have to come out of the Forest Service’s normal budget or from a special allocation of funds. Keep in mind that the Forest Service in this area has a long standing reputation for very late payments on its obligations.
Please be advised that this Notice and Demand is not a threat. It is a statement of fact. The necessary documents to serve on you are already being prepared not only for unlawful removal of our cattle, but also for civil damages arising from your unlawful actions.
Respectfully submitted:
/s/ Kit Laney /s/ Sherry Laney
Kit Laney Sherry Laney
Cc: press
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