Posted on 01/30/2005 10:56:12 AM PST by madfly
Washington, D.C. (Jan. 26, 2005) – A Pima County jury has awarded Arizona rancher Jim Chilton $600,000 in a libel suit against the Tucson-based environmental group, Center for Biological Diversity. On Jan. 21, jurors in Pima County Superior Court voted 9-1 that the Center made “false, unfair, libelous and defamatory statements” regarding Chilton's management of his Forest Service grazing allotment.
Chilton, a fifth generation producer and member of the Public Lands Council (PLC) and National Cattlemen's Beef Association (NCBA), claimed the Center made false statements about him in a news advisory, and that the Center posted defaming photographs of his operation on its web site. The photos of Chilton’s grazing allotment showed barren patches of ground which the Center said illustrated damage done by grazing. Chilton's lawyer, armed with wide-angle photos taken at the same locations, argued that the surroundings were “worthy of a postcard, with oaks and mesquites dotting lush, rolling hills.”
“The Center for Biological Diversity tried to further its political agenda by attacking Jim Chilton and alleging that he was mismanaging his 21,500-acre Forest Service grazing allotment, when nothing could be further from the truth,“ says Jeff Eisenberg, NCBA director of federal lands and PLC executive director. “Ultimately, the goal of activist groups like these is to end grazing on public lands. We’re glad there are folks like Jim Chilton who won’t let that happen.”
Chilton has said he will donate some of the $100,000 in actual damages and $500,000 in punitive damages to the Arizona Cattle Growers Association’s legal fund to be used in fights for “truth and responsibility for cattle grazing issues.”
NCBA and the Public Lands Council decry efforts by activist groups that try to portray grazing in a negative light. "Unfortunately, many of our members are forced to deal with this kind of harassment as they go about earning their livelihoods and building their communities,” says Eisenberg. “When environmental groups engage in these public fights, it does little to meet the mutual goal of conserving resources."
Eisenberg says this verdict sets an important precedent and will hopefully dissuade other activist groups from trying to libel ranchers in the future. “The jury's award is an important vindication for Jim’s position and for stockgrowers everywhere. PLC and NCBA congratulate Chilton for his important work in support of responsible management of our public lands. “
Ping.
Good luck on collecting the judgement.
They'll close their doors tomorrow and open undera new name next week.
There needs to be a more permanent solution.
I also believe that certain bureaucrats in the EPA let the activist groups win lawsuits inorder to further their intrusive policies.
http://www.biologicaldiversity.org/swcbd/aboutus/staff-bios.htm
isn't that special!!!!
Kierán Suckling, Policy Director, oversees development and implementation of the Center’s endangered species protection and wilderness conservation strategy. He acts as liaison between the Center and other environmental and public interest groups, handles negotiations with government agencies, and writes and lectures widely on biodiversity issues. Kierán holds an MA in Philosophy from the State University of New York at Stonybrook and a BA from Holy Cross; he is a Board member of Southwest Trout, Western Native Trout Campaign, Southwest Forest Alliance, and the Endangered Species Coalition.
Contact: Tucson, AZ, 520.623.5252 ext 305, ksuckling@biologicaldiversity.org
ping
Center for BioDumba$$$$ lose to Rancher. That's one now we need more to break their bank and power.
http://www.freerepublic.com/focus/news/1332107/posts?page=1
SNIP. . . . .The suit was filed, according to Chilton, because he wanted to challenge the way the Center for Biological Diversity does business. "They don't use science, they use scare tactics," said Chilton. "They also use endangered species as surrogates to obtain their own goals and to raise money," he added.
The jury agreed with Chilton's claim, citing the Center did make false statements in a news advisory, and that misleading photographs were used in an unsuccessful effort to block renewal of Chilton's grazing permit. The jury also cited that the Center did not accurately describe the condition of the grazing allotment.
"Four of the photographs were of other people's private property," Chilton said.
"What they do is sue the forest service," Chilton explained.
"If the forest service doesn't do something they (Center for Biological Diversity) ask for an injunction to end grazing until the forest service rights its wrong."
"In 1999 I was involved in a lawsuit that affected 85 ranches in the southwest, including Santa Cruz County"
The source of these controversial lawsuits are two endangered animal species: the lesser long nosed bat and Sonoran chub, a small fish endemic to the Sonoran Desert.
Chilton explained that the U.S. Fish and Wildlife Service (FWS) published an opinion that cattle grazing would "likely adversely affect the Sonoran Chub."
In order for Chilton to continue grazing on certain pastures, a biologist, zoologist, fish biologist, rangeland conservation expert and botanist would have to inspect his pastures nine times a year.
"That would have wiped me out," said Chilton, adding, "I objected strenuously to this ruling and filed a lawsuit with the Arizona Cattle Growers' Association" and eventually had the ruling overturned. . . . . . . . . .
Great news, thanks.
Thanks for the ping. We are at our first destination now, signed on and running like a top.
Not as I understand the case (I posted a thread about a week ago on the same case, based on article in local rag (AZ Daily Star, Tucson)).
In this case the cattleman sued the enviro-weenie group for libel. There was no Forest Service or other government agency involved. The 'Center for Bio Diversity' is an NGO (Non-Government Organization).
I mistated. What I meant was the lawsuits in general that originate from this so called front for unemployed lawyers. If they sue a Gov agency, along with the alledged offender then they can recover costs from the taxpayers.
Bout Time !!!!!!!!!!!!!
and another,.....
and another,...
....until we run them out of money and friends.
What, no spotted owls??? Seriously, this is great news.
ping for Chilton family
Great! BTTT
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I hope he starts collection actions!
He can take posession of the organizations name! He can take posession of the donor list! He can take possession of the MAILING LIST!
If they try and conceal assets they can be held in contempt!
(plus in judgment collections proceedings, THE LOOSER PAYS ATTORNEY FEES! )
If they transfer assets such as a member list or donor list to a new organization, he can get a cease and decist order and obtain MORE DAMAGES!
http://www.freerepublic.com/focus/news/1332016/posts?page=38#38
see above post.
It does not take only money. There is much much more, he can literally OWN the organization and shut them down IF they don't pay up.
He is probably the only creditor of the organization too.
Forgot to mention the fun part.
When you file an appeal YOU HAVE TO POST A BOND TO PROTECT THE JUDGMENT HOLDER!
You don't hear much about this since most bonds are posted by insurance companies.
Does anyone know if the envirowackos used their own lawyers? If so then they have not insurance company backing them.
THEY MAY NOT BE ABLE TO POST A BOND, WHICH MEANS THIS CASE CAN NOT BE APPEALED.
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