“Ruling could give leverage to Wild Horse & Burro Advocacy”
BOISE — A small portion of a federal judge’s ruling in Idaho against the U.S. Bureau of Land Management concerning grazing permits in sage grouse habitat is being eyed as a potential lever by environmental groups considering similar lawsuits in other states.
Most of U.S. District Judge B. Lynn Winmill’s 21-page decision late last month involved his ruling that the agency violated environmental laws in issuing permits on four grazing allotments in south-central Idaho, considered test cases for about 600 other permits.
But he used three pages near the end of his decision to rule on a separate matter that the agency incorrectly used a congressional budget rider to issue additional grazing permits in south-central Idaho with no environmental analysis at all.
“This is a clear shot across the bow of the BLM,” said Todd Tucci, an attorney for Advocates for the West that represented Western Watersheds Project in the lawsuit. “I will bring this argument to any federal court in the country and feel very comfortable about my likelihood of success.”
Ken Cole of Western Watersheds Project said the BLM has used the rider to issue hundreds of grazing permits across the West. Winmill’s decision only pertains to Idaho, but conservation groups in other states are viewing the winning lawsuit as a possible template.
“This is a legal victory that is certainly going to get a lot of scrutiny from environmental groups moving forward,” said Erik Molvar of WildEarth Guardians….(CONTINUED)
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Categories: Horse News
How about a Citizens’ Class lawsuit to counter-sue Rock Springs Grazing Ass for damages and include the federal contractor who charged the taxpayer for the roundups.
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excellent suggestion!
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What if all of us filed one???????
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sent email to two Animal rights lawyers here in Cleveland , Ohio”’ waiting for replies
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Western Watersheds Project and other Conservation and Environmental Groups need to be made aware of the magnitude of Wild Horse Contingency. We can be a common force against Grazing Permittees. There are those who voice that Conservation Groups are an enemy of the horses. I don’t agree.
Herd Management Areas were established for the maintenance of Wild Horses and Burro herds. 43CFR 4710.3-1 When Conservation joins with Wild Horse efforts, or visa versa, to remove cattle, permanently from Herd Areas and HMA s, we will be unstoppable.
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Western Watersheds knows about the wild horse issue……..all about it……
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Citizens’ Class ACTION lawsuit
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The judge is so right, the BLM stopped following official protocol some time ago. they continue to ignore scientific evaluations, public input or environmental analysis. Why? Because the government has been letting them get by with it. They are completely out of control.
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Who is the source for this quote: “Ruling could give leverage to Wild Horse & Burro Advocacy”… it’s not in the article anywhere?
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Progress is being made, so we just might be on to something: MILESTONE – first ever voluntary grazing permit retirement —-if we can get a lawyer maybe we can save the wild ones long enough to get more grazing in their HMA retired and get them returned to their rightful land before they disappear. http://www.wildearthguardians.org/site/PageServer?pagename=priorities_wild_places_public_lands_grazing_reform_gila_mileston#.VDvVuFDnbqA
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In the article, giving carte blance renewals to grazing was justified in that the state had over a thousand allotments coming up for renewal and there JUST was not enough time to inspect and analyze the effect of the cattle and sheep so despite domestic grazing being the most detrimental use (outside of mining and oil extraction) they made a discretionary decison (and received the favor of so many welfare ranchers) and just gave a nod. How about this? How about raise the grazing fee, Congress, such that the personnel can follow the law and do what is requiredWhy are they throwing our most prcious resource to the wolves and running? Are they so cowardly they can’t uphold the law?
My Congressman, Tom McClintock (R-CA), helped to pen the Amended Grazing aCt which would give the permits an additional 10 years before assessment was done. That Amended act is still in committtee, last time I checked. As a side note, McClintock also favors slaughter and refuses to sign the House bill 1094.
It would be interesting and damning to read the last 100 years of EIS from the grazing allotments, in particular those used by the RSGA. Up until this new round of modernized EA and EIS, the truth on the damage by domestic grazing was plainly stated (and promptly igored)
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I posted on this yesterday—but I have a problem with this (just me)– opens the door to beastality–and I have a major problem with that. http://godfatherpolitics.com/17679/get-ready-chimpanzee-voter-rights
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Yikes geri , that makes me sick also !!!!
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The judge is correctly putting the law back on its feet when it has been stood on his head by the BLM’s corruption long ago ! It used to be in the law that priority was given to the original intention of the law, not the subsequent amendments or “riders” especially when they contradicted the original intention ! Yet in the case of our wild horses, because the popularity of protecting them when it was passed could not be challenged in the court of opinion (1971), those conniving with the BLM immediately passed amendments which contradicted its statement that wild horses were not to be harassed or removed from their native ranges for any reason ! When the law loses touch with its basis in simple logic, it is invariably because of corporate greed. The judge here is simply setting the law on its logical basis again: its original intent.
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