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Green Mountain Common allotment

The Green Mountain Common allotment is one of the largest unfenced areas of BLM land in the lower 48 states.  Located in central Wyoming, the allotment encompasses over 500,000 acres, 80% of which has been designated as a Core Area for the greater sage-grouse by the State of Wyoming.  The GMCA also serves as a migration corridor for big game traveling from the Wind River Range to the Red Desert.  

In 2002, BLM determined that livestock grazing practices were degrading resource conditions on the GMCA and preventing the allotment from achieving the minimum rangeland health standards required by BLM's grazing regulations.  BLM also determined that the allotment was not making progress toward achieving the standards under the management prescribed in BLM's 1999 grazing decision.  Despite this finding, BLM has continued to authorize livestock grazing under the terms of the 1999 Decision until the present day. 

In spring 2010, Advocates for the West filed an administrative appeal on behalf of Western Watersheds Project, WildEarth Guardians and a number of concerned citizens challenging BLM's decision to construct an additional 32-miles of fencing that would have impaired the allotment's unique open space, harmed sage-grouse and other wildlife, and further eroded the allotment's rangeland health.  After the Administrative Law Judge granted our request to postpone the construction of the fences until the appeal had been resolved, BLM withdrew its decision.

Again representing Western Watershed Project and WildEarth Guardians, Advocates for the West has now filed a lawsuit in federal court challenging BLM's failure to change its grazing management to improve the GMCA's rangeland health.  

Current Status: 
Pending
Case Title and Number: 
WWP v. Cagney, 10-cv-284
Date Filed: 
04/07/2010
Staff Attorney(s): 
Natalie Havlina
Clients: 
Western Watersheds Project
Wild Earth Guardians
Species: 
Greater Sage Grouse
Pronghorn antelope
Wild Horses
Files: 
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Statement of Reasons
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Petition for Stay
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Federal Complaint
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Motion for Preliminary Injunction

Updates

08/05/2011
Judge Issues Partial Stay for Green Mountain Common Allotment in Wyoming

 

Administrative Law Judge Sweitzer has, for the second year in a row, granted our request to postpone construction of new fences or water developments on the GMCA until after the merits of our appeal have been resolved. 
 
Judge Sweitzer's decision is based on his conclusion that we are likely to prevail on the merits of our claim that BLM failed to consult with the interested public about the 2011 Decisions. Under BLM's grazing regulations, they are required to "consult, cooperate and coordinate" with the interested public about changes in grazing management, including the construction of fences.  In spite of the fact that BLM has consulted, cooperated and coordinated with the permittees dozens of time since 2008, it has not extended the same courtesy to the public once. 
 
We will now proceed to litigate the merits of the appeal on behalf of Western Watersheds Project and other concerned citizens.
 
Read the Order below.

 

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Order Granting Petition for Partial Stay, 8-5-11
06/28/2011
The Fight continues to protect Green Mountain Common in Wyoming

The latest Bureau of Land Management decisions for the Green Mountain Common allotment in Wyoming would add 40 miles of new fences,  authorize the use of ATV's off-road, and allow livestock grazing in excess of both the historic average and the allotment's carrying capacity.

As the largest expanse of unfenced public land in the lower 48 states, the Green Mountain Common is important habitat for big game species, pronghorn antelope, sage-grouse, pygmy rabbit, and more.  Historic grazing practices on the Green Mountain Common have caused serious damage to the entire allotment, including its unique system of riparian sloughs that provide valuable water and carbon storage services.  BLM's decisions to add more livestock, build fences that kill wildlife, and allow ATVs to tear up habitat violate numerous legal authorities, including the Federal Lands Policy and Management Act, the Fundamentals of Rangeland Health, and the BLM's own management plan.  

Advocates for the West has filed an administrative appeal with the Department of the Interior and asked the Hearing Officer that no new fence construction or off-road ATVs be used until the appeal is resolved.

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Appeal and Statement of Reasons
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Petition for Stay.pdf
01/24/2011
Preliminary Injunction filed to halt grazing in 2011 season on Green Mountain Common, Wyoming

Advocates for the West filed for a Preliminary Injunction to halt livestock grazing during the 2011 season on half a million acres on the Green Mountain Common allotment (GMCA) in Wyoming in an attempt to stop further degradation of the area. 

A core area for sage-grouse and major corridor for big game migrations, the GMCA is the last unfenced public lands of this size in the lower 48.  The Bureau of Land Management has allowed damaging livestock grazing to degrade watersheds, soils and wildlife.

 

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Brief in Support of Preliminary Injunction
05/19/2010
A Victory for Sage-Grouse and Open Space

In a landmark decision, Administrative Law Judge Harvey C. Sweitzer has granted our  motion to stop the construction of new fences on Wyoming's Green Mountain Common allotment.  As one of the largest unfenced areas in the lower 48 states, the Green Mountain Common provides unique open space and crucial habitat for wildlife, including the imperiled greater sage-grouse. 

ALJ Sweitzer agreed with Advocates for the West that BLM likely violated the National Environmental Policy Act by approving the fences without addressing their negative impacts.  He emphasized that a stay is appropriate because the U.S. Fish and Wildlife Service has determined that the greater sage-grouse "warrants" protection under the Endangered Species Act.

ALJ Sweitzer's decision is significant because it is the first time that a judicial body has enjoined BLM from undertaking an activity harmful to sage-grouse on the basis of the U.S. Fish and Wildlife Service's March 2010 "warranted" determination.

Advocates for the West is proud to represent Western Watersheds Project, WildEarth Guardians, and several individuals is this on-going matter.

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Order Granting Petition for Stay.pdf