Federal Grazing Rules Put on Hold

AP via SFGate ^ | 6/8/7 | REBECCA BOONE, Associated Press Writer

[SmithL]

Boise, Idaho (AP) -- A judge on Friday blocked new rules governing how ranchers use 160 million acres of federal land, saying a federal agency had given in to pressure from the livestock industry.

The Bureau of Land Management violated the Endangered Species Act, the National Environmental Policy Act and the Federal Land Policy and Management Act in creating the rules, U.S. District Judge B. Lynn Winmill ruled.

The judge said the BLM's rule revisions would have loosened restrictions on grazing on 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.

The new regulations, the first overhaul of the rules since 1995, were first proposed by the agency in December 2003, but Winmill temporarily blocked them last August just before they went into effect.

The judge said Friday that the revised regulations will not take effect until the BLM consults with the Fish and Wildlife Service, as required under the Endangered Species Act, and takes a hard look at the potential environmental impacts of the grazing changes.

The ruling was in response to a lawsuit brought two years ago by the environmental group Western Watersheds Project challenging the revisions.

"The judge saw it for what it was, which was BLM's efforts to ignore its own scientists, freeze out the public and transfer ownership of public resources to the livestock industry — all of which would cause pernicious effects on threatened and endangered species," said Todd Tucci, an attorney representing Western Watershed Project.

[SmithL]

Judicial Activism

[SmithL]

Winmill, B. Lynn

Born 1952 in Blackfoot, ID

Federal Judicial Service:
Judge, U. S. District Court, District of Idaho
Nominated by William J. Clinton on May 24, 1995, to a seat vacated by Harold L. Ryan; Confirmed by the Senate on August 11, 1995, and received commission on August 14, 1995. Served as chief judge, 1999-present.

Education:
Idaho State University, B.A., 1974

Harvard Law School, J.D., 1977

Professional Career:
Private practice, Denver, Colorado, 1977-1979
Private practice, Pocatello, Idaho, 1979-1987
Judge, Sixth Judicial District Court, State of Idaho, 1987-1995
Adjunct professor, Idaho State University, 1991-1995

Race or Ethnicity: White

Gender: Male

[Calpernia]

ping

[Congressman Billybob]

Your post answered my first question. This judge reversed the actions of the Bureau because he thought his opinion is better than anyone else's. My first question was, is this a Clinton appointee? His appointees tend to share the arrogance of the man who appointed them.

Congressman Billybob

Latest article, "John Edwards: 21st Century Marie Antoinette"

[Beagle8U]

That should drive up the price of beef.

I wish they would put a hunting season on enviro-twits!

They could limit it to paintball guns so it could be like catch and release fishing. No permanent damage and you get to zap em again the next time they wander out of the city.

[SmithL]

When I post a story about a Judge’s ruling, I usually check on the background of the judge. I have been surprised from time-to-time, but not very often. But even Presidents get surprised from time-to-time regarding their own appointments.

[george76]

Federal Court Judge B. Lynn Winmill has ruled the Bureau of Land Management (BLM) is violating the Endangered Species Act by allowing irrigators to use water that emanates from or crosses BLM managed land when such action might harm endangered species.

The judge, who has a reputation for making anti-grazing decisions said; “BLM has the discretion to impose conditions on the operation of [the] diversions.”

http://www.citizenreviewonline.org/april2004/irrigators.htm

[george76]

Idaho-based Western Watersheds Project, an anti-grazing organization with an organizer working in Sublette County, recently won a major court victory in Idaho. Federal Court Judge B. Lynn Winmill ordered the immediate removal of cattle from more than 800,000 acres of public land grazing allotments in the Jarbridge Field Office of the Bureau of Land Management.

“This remarkable court victory for WWP affects 28 BLM grazing allotments located southwest of Twin Falls, Idaho to the Nevada border,” WWP reported...

http://www.sublette.com/examiner/v5n20/v5n20s3.htm

[george76]

Federal District Court Judge B. Lynn Winmill today ruled that wolves in the Sawtooth National Recreation Area cannot be killed this summer even if predations of livestock by wolves occur in the SNRA.

Winmill’s decision follows a motion filed by Western Watersheds Project and the Idaho Conservation League to close eight grazing allotments in the SNRA to livestock grazing.

While Winmill’s decision stops short of prohibiting grazing on the allotments, it sends a clear message to livestock operators in the SNRA: Wolves will be protected, even at the cost of sheep or cattle.

http://www.forwolves.org/ralph/71902.html

[LurkingSince1943]

Rosie will be disappointed.

[SierraWasp]

"The ruling was in response to a lawsuit brought two years ago by the environmental group Western Watersheds Project challenging the revisions."

"Rosie will be disappointed."

Both she and this Clinton judge can go take a flyin (bleep) at the moon!!!

These (bleeping) GovernMental EnvironMental Allegators and Litegators are relentless, remorseless, ruthless creeple people of the lowest order on earth!!!

Interesting scream name and tagline...

[AuntB]

These people are so misguided. They have no idea what they should be worried about. Too bad we can’t get one of these enviro judges or ANYONE to find the illegal alien invasion of the border and our national parks and forests growing thousands of acres of illegal drugs violates the ESA! But then we peons don’t have the $ to bring suits like that. So, Waspman, how do you like being an unrepresented underclass peasant?

http://towncriernews.blogspot.com/2006/09/mexican-border-has-moved-800-miles.html

[LurkingSince1943]

My post was a feeble attempt at humor.

Grazing = heifers = Rosie

I spent a few years in Wyoming and sympathize with the ranchers’ battles with the feds.

[SierraWasp]

peasant... pissant... What's the danged difference???

Duncan Hunter, he's our man! If Fred can do it then Duncan sure can!!!
Hunter/Thompson '08!!!

[pissant]

The courts need to be reigned in. They have ZERO constitutional authority to do this kind of bullshit.

[HiTech RedNeck]

"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.

Quixota oughtta know, it's SOP for judges to plagiarize the winning side rather than authoring something original.

[SierraWasp]

"Grazing = heifers = Rosie"

I'd be LMAO, except that'd be an insult to heifers!!! (grin)

Rosie reminds me more of that old expression of disgust about teats on a bull!!!

[roamer_1]

"The judge saw it for what it was, which was BLM's efforts to ignore its own scientists, freeze out the public and transfer ownership of public resources to the livestock industry — all of which would cause pernicious effects on threatened and endangered species," said Todd Tucci, an attorney representing Western Watershed Project.

Baloney.

[SierraWasp]

Well, when is the reigning in gonna start? I’m gittin danged tired of holdin ma groin and ma breath!!! Who has the fortitude to begin reigning them in? Will the people support such a brave soul in spite of the MSM barrage of “bullshit” to marginalize such a brave soul???

[abigailsmybaby]

Is this a Hilary thread?