Watersheds
Messenger Summer 2007 Vol.
XVI, No.
2
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VICTORY!
Western Watersheds Project Wins A Great Court
Victory Overturning The Bush Administration’s
Grazing Regulations On Public Lands
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On Friday June 8, 2007 Chief Judge B. Lynn
Winmill of the Federal Court for the District of Idaho
awarded Western Watersheds Project a stunning
victory in an Order overturning the Bush
Administrationís grazing regulations for the Bureau of
Land Management (BLM) affecting over 160,000,000
acres of public lands in eleven western states.
Judge Winmill’s 52-page ruling said the BLM’s
rule revisions would have loosened restrictions on
grazing on millions of acres of public land
nationwide, limited the amount of public comment
the BLM had to consider and diluted the BLM’s
authority to sanction ranchers for grazing violations.
“While the BLM justifies the changes as making it
more efficient, the BLM was not their originator — it
was the grazing industry and its supporters that first
proposed them,” Winmill wrote.
“Past BLM regulations imposed restrictions on
grazing and increased the opportunities for public
input to reverse decades of grazing damage to public
lands,” Winmill wrote. “Without any showing of
improvement, the new BLM regulations loosen
restrictions on grazing.”
“They limit public input from the non-ranching
public, offer ranchers more rights on BLM land,
restrict the BLM’s monitoring of grazing damage,
extend the deadlines for corrective action, and dilute
the BLM’s authority to sanction ranchers for grazing
violations.”
Many of the revisions in the BLM’s grazing rules
were contrary to the findings of a team of BLM
scientists who reviewed the environmental impact of
the rules. The scientists found that the new regulations
would have a slow but long-term negative effect on
wildlife and biological diversity and that they would
harm upland and riparian habitats.
The scientists concluded that the changes would
have a “very long-lasting adverse effect to the wildlife
of the public lands of the West.”
The grazing regulations that have now been found
illegal in this Court decision under three major federal
statutes (NEPA, FLPMA and the Endangered Species Act)
would have effectively returned the management of
public lands managed by the BLM to the days before
the Bruce Babbitt regulatory changes of 1995 that
finally broke open the stranglehold of good-old-boy
ranchers on public lands.
Thanks are due to the very hard work on this
critically important case to WWPís Utah Director Dr.
John Carter and WWP’s Biodiversity Director Katie Fite
who were directly quoted in Judge Winmill’s Order.
WWP also received the best possible legal
representation in the case from our legal counsel Laird
Lucas, the executive director of Advocates For The West
in Boise and Advocates attorneys Laurie Rule and Todd
Tucci.
For a more thorough review of the this great win,
please visit the WWP web site page
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