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BLM Grazing Regulations

Challenge to BLM’s 2006 grazing regulations as violating the National Environmental Policy Act, Endangered Species Act, and other federal laws. BLM adopted the 2006 regulations to give the livestock industry more ownership and control over public lands resources, while excluding the public from grazing permit decisions and weakening ecological requirements to prevent overgrazing on 160 million acres across the West. Although BLM scientists warned these changes would have serious adverse impacts on wildlife and habitat condition, the Bush Administration "sanitized" their analysis to claim there would be no impacts.

Current Status: 
Case Won
Case Title and Number: 
WWP v. Kraayenbrink, 05-cv-297-BLW (D. Idaho); 9th Cir. 08-35354
Date Filed: 
07/12/2005
Staff Attorney(s): 
Laird Lucas
Clients: 
Western Watersheds Project
Files: 
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June 2007 decision

Updates

04/19/2011
Public Lands Council issued Petition for Writ of Certiorari challenging grazing regs decision

The Public Lands Council has issued a Petition for Writ of Certiorari, asking the United States Supreme Court to review the United States Court of Appeals decision to reverse Bush-era grazing regulations.

After a 2007 victory, the livestock industry appealed to the Ninth Circuit United States Court of Appeals.  Not only did the Court reaffirm our previous victory, it strengthened the decision.  Now the Public Lands Council is asking the United States Supreme Court to review the Ninth Circuit decision.

Advocates for the West is representing Western Watersheds Project, Ralph Maughan, Idaho Wildlife Federation, Idaho Conservation League, Natural Resources Defense Council, and the National Wildlife Federation in this case.  

 

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Index of Joint Supplemental Excerpts
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Volume 1
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Volume 2
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Volume 3
10/04/2010
Advocates work recognized by the New York Times

The New York Times editorial entitled: "The Public Trust" highlights two recent Advocates wins and reports that these "two decisions have now reasserted the public interest."  "These lands do, after all, belong to the public," added the Times.  The government's job is to make sure that all ranchers are good stewards of the land, "by ensuring transparency in its leasing operations, upholding environmental laws and reminding leaseholders that they hold their leases in trust for the rest of us."  We couldn't have said it better ourselves!

NY Times Editorial
09/01/2010
Victory! US Ninth Circuit Court of Appeals hands down Grazing Regulations Decision

On September 1, 2010, the Ninth Circuit affirmed and upheld Advocates’ June 2007 victory reversing the Bush-era grazing regulations!

Although the government did not appeal the 2007 decision, the livestock industry did and appealed to the Ninth Circuit Court of Appeals.  Not only did the Ninth Circuit reject the industry's arguments, they strengthened the decision.  In affirming Advocates’ victory, the Ninth Circuit permanently enjoined the implementation of these regulations.

 

 

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9th Circuit Decision