Final victory over Bush anti-public, anti-environment grazing regulations

It took a long time, but Western Watersheds and Advocates for the West seem to have a final victory

As a note, I am pleased to have been a plaintiff for the National Wildlife Federation in fighting this Bush era effort to exclude the public from having influence in grazing decisions, improperly grant property rights to livestock grazers, including water rights. Ralph Maughan
Below is the celebratory news release from WWP

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Online Messenger #184

Western Watersheds Project Victorious in Ninth Circuit Court of Appeals & Wins Another Federal Court Settlement Against the Forest Service on 386 Allotments in Seven Western States. ~ Jon Marvel Friends, Yesterday, the Ninth Circuit Court of Appeals upheld a Western Watersheds Project victory in Idaho District Court overturning the Bush Administration’s attempt to fundamentally change federal grazing regulations impacting hundreds of millions of acres of public lands in the West.  WWP was joined in this litigation by co-plaintiffs National Wildlife Federation, Idaho Wildlife Federation, Natural Resources Defense Council, Idaho Conservation League, and famed Idaho conservationist and WWP Board member Dr. Ralph Maughan of Pocatello. The Bush Era Grazing Regulations would have : Removed public involvement from grazing decisions affecting public lands and wildlife. Granted ranchers private property-interest in public livestock grazing installations and developments including fences, water developments, and buildings on public lands. Granted ranchers water-rights on public lands currently held in trust by the American public. This significant victory at the Ninth Circuit Court of Appeals is a welcome smack-down of Bush anti-environmentalism.  The win emboldens public participation and accountability, stymies the most recent livestock industry land and water grab, and maintains public ownership of the West’s vast water resources to benefit wildlife and future generations. Thanks to our attorneys Laird Lucas of Advocates for the West, Joe Feller of Arizona State University Law School and Johanna Wald of the Natural Resources Defense Council for their excellent legal representation. WWP would also like to acknowledge the decades-long legal work on the issue of public lands ranching by the late Tom Lustig of the National Wildlife Federation.  Before his untimely death in May 2008 Tom provided invaluable legal counsel on this critical litigation. Tom Lustig Read the Decision Western Western Watersheds Project Secures a Federal District Court Ordered Settlement with the Forest Service Halting the Agency’s End-Run Around the National Environmental Policy Act in Authorizing Livestock Grazing on 386 Grazing Allotments Across the West. WWP was joined in this litigation by Natural Resources Defense Council, Center for Biological Diversity, California Trout, Environmental Protection Information Center, Klamath Siskiyou Wildlands Center, Los Padres Forest Watch, Sierra Forest Legacy, Sequoia Forestkeeper, Grand Canyon Trust, Utah Environmental Congress, Red Rock Forests, and Oregon Natural Desert Association. This significant victory affects livestock grazing administration on National Forests in Utah, Wyoming, Idaho, Washington, Oregon, New Mexico and California and will ensure compliance with the nation’s most important environmental statute, NEPA. Read the Court Order Thanks to Laurie Rule of Advocates for the West’s Boise office for her stellar legal representation in this case. Jon Marvel Executive Director

Banner: Sawtooth National Forest, central Idaho © Lynne Stone Public Land Ranchers’ latest attempt to steal water from the public was averted © Christopher McBride Take this opportunity to spread the word. Like What Do? Let others know: Forward this message to a friend Receive this email as a forward from a friend ?

Federal agencies may have to consider climate before they act

The Obama administration may issue an order that would expand the National Environmental Policy Act’s scope to prevent global warming. The move could open up new avenues to challenge projects.

I review grazing allotment renewal documents and rarely, if ever, have I seen climate change discussed.  When it is discussed, and only in response to comments by WWP, the agencies claim that issues related to global warming and livestock grazing are beyond the scope of the project. Unfortunately, grazing compounds the effects of global warming by creating warmer and drier landscapes which, in turn, impacts wildlife.

There is a very good case to be made that eliminating grazing from public lands would also reduce the effects of global warming by 1) reducing desertification and 2) increasing carbon sequestration in soils. As Brian Ertz has illustrated in his post from last year, public lands can be very effective carbon sinks if allowed rest from livestock grazing. This is an important idea that needs to be kept in mind when discussing public lands ranching.

Federal agencies may have to consider climate before they act
By Jim Tankersley – L.A. Times

Heavily impacted soils and vegetation in Nevada's desert. © Ken Cole

Sage Brush with ancient soil crusts Cave Valley, Nevada © Ken Cole

Retired Forest Service NEPA legal compliance reviewer on landing in the Frank Church Wilderness

Well reasoned argument against approval of Idaho Fish and Game’s plans to chase wolves, dart them, land and collar them in Idaho’s sacred central Idaho Wilderness-

Wow, this fellow knows what he is talking about. Ralph Maughan
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January 2, 2010

Dear Mr. Tidwell Chief, U. S. Forest Service

ttidwell@fs.fed.us

I am a retired USFS forest planner from the Nez Perce National Forest in Idaho.  I have a masters degree in forestry from Oregon State University.  While still employed by the USFS I knew that in order to do my job effectively and efficiently, I must learn to quote several of the environmental laws of the United States from memory.  This included the Wilderness Act of 1964.

I’ll try to make this comment letter short.  I could write pages on this illegal action.

Sheep Experiment Station produces its first environmental analysis (EA) in its history

After many years in existence, Sheep Experiment State does NEPA analysis on their operations-

According to their web site the Sheep Experiment Station’s mission is  “to develop integrated methods for increasing production efficiency of sheep and to simultaneously improve the sustainability of rangeland ecosystems.” OK, but maybe folks would like to know the details.

For 90 years this large “research” operation in the Centennial Mountains on the Idaho/Montana border (Continental Divide), headquartered at Dubois, Idaho, has been a mystery to me.  It was also a mystery to Western Watersheds Project, NRDC, and the Center for Biological Diversity. So they sued and settled when the Station agreed to do an environmental analysis.

Now the EA is available for your information and comments (due by January 12). Here is the link to the EA.

The Station occupies a critical wildlife travel corridor between the greater Yellowstone area and central Idaho/SW Montana. It is vital for grizzly bears. We think there are also bighorn sheep on Mt. Jefferson, or at least used to be. I haven’t read the EA yet, but one person who has told me the analysis of this matter is poor.

This seems to be a once in a lifetime opportunity. So hopefully folks will take the time to look through it and comment. They only gave a one month comment period, although the NRDC has asked for an extension.

12-23-09. The comment period has been extended for two more weeks (to Jan. 25). Comments should be sent to USSES@ars.usda.gov

Republican Senator Wants to limit NEPA Review.

From American Lands Alliance:

The Senate is currently debating the economic stimulus bill, the American Recovery and Reinvestment Act of 2009 (HR 1), that recently passed the House. Senators are offering amendments to make changes to the bill. We are very concerned about an amendment offered by Senator John Barrasso (R-WY) that waives the National Environmental Policy Act (NEPA) review process for projects funded by the economic stimulus bill. Senator Barbara Boxer (D-CA) has filed an amendment to counter Sen. Barrasso’s NEPA waiver amendment.

You can read more here:  American Lands Alliance – Calls to Senate Needed Tonight!.

Bush’s Final Days: ‘Interior Revamps NEPA Procedures’

The Bush Administration keeps that steady rush of anti-environmental administrative action in its final days.  Here’s the latest  :

In addition to adding the procedures to the CFR, DOI has made the following key changes to its NEPA regulations:

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Interior Revamps NEPA Procedures