March 21, 2001
Argus Observer Online
Environmental coalition files lawsuit against BLM
By Larry Meyer


Several environmental organizations recently filed a lawsuit in U.S. 9th District Court in Portland seeking an order to require the Bureau of Land Management to implement the Bully Creek Area Management Plan grazing decision made final in October.

The suit was filed by Western Watersheds Project, the Oregon Natural Desert Association and the Committee for Idaho’s High Desert.

The groups are also seeking a preliminary injunction from the federal court to prevent livestock turn-out on the Bully Creek allotments.

The LAMP decision affects dozens of Harper and Westfall area ranchers who graze their cattle on more than 268,000 acres of public land in the Bully Creek watershed in Malheur County near Vale.

The LAMP also includes more than 18,000 of a wilderness study area.

According to the plaintiffs, under BLM regulations the Bully Creek LAMP decision must be implemented before the start of the grazing year, which was March 1.

"The decision if implemented, would reduce livestock grazing significantly because of the imposition of annual measurable standards of use include riparian stubble height requirements and other permit terms and conditions never before required of public land ranchers in Malheur County," the plaintiffs said.

The plaintiffs said according to BLM staff, considerable political pressure from the local county court in Malheur County and other local politicians has been brought to prevent the LAMP decision from being implemented.

The ranchers who use public lands within the Bully Creek LAMP agree the plan will significantly reduce grazing and have filed an appeal with the Department of Interior Office of Hearings and Appeals seeking to have parts of the LAMP rewritten or overturned.

One of their arguments is the assessment process which was used to determine the standards - such as stubble height requirements and what areas they are to be imposed - was scientifically flawed.

The ranchers also argue alternatives proposed by the plan, such as winter grazing, will not work.

One of the biggest bones of contention for the cattlemen is the BLM’s finding there would be little or no economic impact from the LAMP.

Westfall rancher Roger Corrigall said the plan would probably force ranchers to make a choice between paying the extra cost of bringing more feed in, finding more private grazing land or selling off their cattle.

Sandy Gutches, interim manager for the Vale District BLM, said no decision on the appeal has been made and BLM officials will not comment on the lawsuit until they have consulted with their attorney. The BLM’s attorney, Glutches, said is not available until next week.


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