Western Watersheds Project Wins Major Battle In Fight to Protect Green Mountain Area

For immediate release - May 26, 2010

On May 19th, Judge Harvey C. Sweitzer ruled in favor of WWP’s petition for stay in the case against BLM’s decision to maintain the status quo grazing management and construct 32 miles of fencing in the ailing 522,000 acre Green Mountain Common allotment.

The Green Mountain Common allotment, one of the largest unfenced areas of BLM administered lands outside of Alaska, has been embroiled by controversy for decades due to severely degraded watershed conditions within the allotment and the repeated failures of the BLM to take the actions necessary for recovery.

WWP, WildEarth Guardian and five other scientists and local citizens appealed the March 3rd final decision by the BLM which cut the allotment into 3 smaller allotments, based on the management areas currently delineated, authorized the construction of 32 miles of new fencing at a cost to the tax-payer of nearly a quarter of a million dollars, and eliminated most of the “paper cows”, AUM’s (Animal Unit Months) previously permitted but not used over the last 30 years.

WWP requested a stay until a ruling on the merits of the case could be issued, to prevent construction of the 32 miles of fencing that would have impacted open space, wildlife and wild horse movements and degraded sage grouse habitat.

Judge Sweitzer ruled that WWP had clearly demonstrated that “the final decision is unreasonable or does not substantially comply with the provisions of the Federal grazing regulations found at 43 CPR part 4100.”

Judge Sweitzer also found the BLM’s decision failed to comply with NEPA (National Environmental Policy Act) because of the BLM’s failure to adequately analyze the impacts of fence construction on sage grouse. The Judge stated “BLM's likely NEPA violation entails a potentially irreparable risk to the environment, and the sage grouse in particular.”

As a result the Judge ruled that it was likely that WWP “would succeed on the merits of its claim” and ordered the BLM to not construct the 32 miles of fences.

“This ruling indicates WWP will prevail in this case. We have been waiting many years to force the BLM to comply with the law, so this ruling is great news for the Sweetwater watershed and the wildlife that depends on it.” Jonathan Ratner, Director of WWP’s Wyoming Office said. “We will continue challenging bad BLM decisions as long as the BLM continues putting the interests of a handful of livestock permittees ahead of watershed health, wildlife and their legal duties to the American people.”

This ruling is one of the first to come out since the US Fish and Wildlife Service issued its finding that Greater Sage Grouse were warranted for listing under the Endangered Species Act. “This ruling is important not only because it protects the unique open space of the Green Mountain Common allotment, but also because Judge Sweitzer recognized that BLM can no longer ignore the impacts of its activities on the greater sage-grouse. The U.S. Fish and Wildlife Service has finally acknowledged that the sage-grouse warrants listing under the Endangered Species Act. As the manager of over half of the sage-grouse’s remaining habitat in the U.S., BLM has a unique responsibility to protect this iconic species.” stated Natalie Havlina, lead attorney at Advocates for the West who is representing WWP in this case.

"The Green Mountain Common is one of the last world-class resource open ranges that is still available for healthy, free-ranging elk, deer, pronghorn and other wildlife. It deserves to remain without cross fences so animals on long-distance migration routes can continue to move across the landscape unimpeded. The wildlife migration routes from the Wind River Range that skirts Green Mountain enroute to the Red Desert is so important that it could qualify for protection under the proposed HR 5101 Wildlife Corridors Conservation Act now before Congress.” Ratner said.

Read the Order