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Local rancher awarded $600,000 in battle with green group (SW AZ)
NogalesInternational.com ^ | Jan. 27, 2005 | George C. McQueen

Posted on 01/30/2005 1:05:20 PM PST by madfly

Nogales International

After seven years, a Santa Cruz County rancher has won a judgment of $600,000 for alleged libelous and false statements posted on the internet by an environmental activism group.

On Friday, Jan. 21, a Tucson jury found the Center for Biological Diversity, an environmental group based in Tucson, guilty of making "false, unfair, libelous and defamatory statements" against Jim Chilton, a Southern Arizona Rancher.

Chilton owns the Montana Allotment, which extends west of Nogales from the U.S./Mexico border, along the Buenos Aires Refuge around the hamlet of Oro Blanco and ghost town of Ruby and into Pima County, around the town and lake of Arivaca.

"Most of the land my cattle graze on is in Santa Cruz County," said Chilton, whose family has been ranching in Arizona for five generations.

The Tucson jury awarded Chilton $100,000 in actual damages, and $500,000 in punitive damages for defaming him and his family business.

In July 2002, the center posted a two-page press release with 21 photographs posted on their web-site that were "false and misleading regarding Chilton's 21,500 acre Montana grazing allotment northwest of Nogales," said Kraig Marton, Chilton's attorney.

In a phone interview Wednesday, Chilton explained that the Center for Biological Diversity "clearly demonstrates that they want to end all grazing in the western United States on state and federal land."

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.

A federal district court "ruled the FWS could not obtain 'regulatory jurisdiction' unless the species, in fact, existed. Even if they were on my allotment, the FWS would have to prove that cattle grazing would kill the chub, or the bat.

"It's been a seven-year struggle. I'm extremely gratified that the evidence has proven them to be liars," said Chilton.

When asked if ranchers and environmental activists did not have a common interest in conserving the environment, Chilton said. "Cattle have been grazing on the Montana Allotment for 300 years. We (ranchers) have to maintain the land so grazing can be sustainable for the next few centuries."

He added, "I, too, consider myself an environmentalist. Because every day is Earth Day for me."

The Center for Biological Diversity did not respond to telephone calls and emails for this story.



TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Front Page News; Government; News/Current Events; US: Arizona
KEYWORDS: arizona; ctrbiologicaldiv; environment; fakephotos; greeniesloseone; lawsuit; libel; propertyrights; ranch; ranching
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Related post earlier today:

Cattle Update: Arizona Cattleman Wins Libel Suit

http://www.freerepublic.com/focus/f-news/1332016/posts

1 posted on 01/30/2005 1:05:27 PM PST by madfly
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To: SandRat; B4Ranch; farmfriend

ping


2 posted on 01/30/2005 1:06:17 PM PST by madfly
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To: madfly

Great news. It is a victory of a hard working American against the EnviroFascists.


3 posted on 01/30/2005 1:08:16 PM PST by jveritas
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To: jveritas

Great news..I had read about this!


4 posted on 01/30/2005 1:10:46 PM PST by MEG33 (GOD BLESS OUR ARMED FORCES)
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To: madfly

and the Center for BioDumba$$$$ lose. Now to get them to lose more and break their bank accounts.


5 posted on 01/30/2005 1:14:09 PM PST by SandRat (Duty, Honor, Country. What else needs to be said?)
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To: madfly

good for him


6 posted on 01/30/2005 1:16:11 PM PST by Texas_Jarhead (I believe in American Exceptionalism! Do you?)
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To: Libertarianize the GOP

ping


7 posted on 01/30/2005 1:22:53 PM PST by madfly
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To: madfly

Beautiful beautiful land there. Thank God the envirofacists have been turned away!


8 posted on 01/30/2005 1:25:37 PM PST by Don Corleone (Leave the gun..take the cannoli)
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To: madfly

Another win for Sanity and Property Rights


9 posted on 01/30/2005 1:26:24 PM PST by digger48
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To: madfly

Should have been a $2 million judgement. That would have hurt the center.


10 posted on 01/30/2005 1:35:11 PM PST by taxesareforever
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To: madfly

I'm tickled that the guy got the judgement. Now, the question is: will he be able to collect it?


11 posted on 01/30/2005 1:40:20 PM PST by Emmett McCarthy
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To: madfly

Finally the good guys win one.


12 posted on 01/30/2005 1:46:27 PM PST by zip (Remember: DimocRat lies told often enough became truth to 48% of Americans)
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To: madfly

"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 man's a hero and reflects the kind of determined pioneer spirit that built this country-- something the tree huggers will never understand.

I wonder if we could get him to stand up to the global warming scam artists on the same basis.


13 posted on 01/30/2005 1:48:41 PM PST by mikeus_maximus
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To: madfly

It sounds like it is not his land. Is it government land?


14 posted on 01/30/2005 2:00:31 PM PST by Born to Conserve
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To: madfly
A federal district court "ruled the FWS could not obtain 'regulatory jurisdiction' unless the species, in fact, existed.

I don't know why this statement should blow my mind but it does.

Was some one honestly arguing otherwise?

15 posted on 01/30/2005 2:05:32 PM PST by Harmless Teddy Bear (Interdum feror cupidine partium magnarum europe vincendarum)
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To: madfly

This is great except, we still get to pay their legal fees, even though they lost. They sued the Forest Service!! and will be entitled to reimbursement.


16 posted on 01/30/2005 2:05:45 PM PST by tertiary01 (Congratulations Dr Rice - you made it past the Dem tag team!!!)
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To: madfly

"...end all grazing in the western United States..."
This is part of Bill Clinton's plan to get agriculture of every kind out of the United States and have our food grown in Africa.
Not only does this plan trample on the freedoms of American citizens, as this example shows, but there is no possibility of Africa growing surplus food enough for us when they cannot grow enough for themselves.


17 posted on 01/30/2005 3:03:17 PM PST by henderson field
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To: madfly

If he won $600,000, there's nothing "alleged" about it!


18 posted on 01/30/2005 3:34:22 PM PST by Rightfootforward
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To: madfly; abbi_normal_2; Ace2U; adam_az; Alamo-Girl; Alas; alfons; alphadog; AMDG&BVMH; amom; ...
Rights, farms, environment ping.
Let me know if you wish to be added or removed from this list.
I don't get offended if you want to be removed.
19 posted on 01/30/2005 3:41:47 PM PST by farmfriend ( Congratulations. You are everything we've come to expect from years of government training.)
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To: mikeus_maximus
"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."

A prime examaple of ihis is the spotted owl. What a crock that was. My wife(since divorced) worked for the forest service during the spotted owl debacle, her job was to count owls. If she came up with too many she caught hell from her superiors. She was forced to adjust the number down so they could use the statistics to stop logging. This was , of course, during the Clinton administration. I tried to get her to document and turn these people in but she wouldn't do it, afraid of her job. This caused the divorce believe it or not. I don't havce any proof but it did happen.

20 posted on 01/30/2005 3:45:54 PM PST by calex59
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