Green Mountain Common allotment

Current Status:

Pending

Case Title and Number:

WWP v. Cagney, WY-050-10-02, WY-050-10-04, WY-050-10-05

Date Filed:

04/07/2010

The Green Mountain Common allotment is located in central Wyoming and encompasses over 500,000 acres. It is one of the largest unfenced areas in the lower 48 states and provides valuable habitat for the greater sage-grouse.

In 1999, BLM determined that livestock grazing practices violated rangeland health standards. Despite this finding, BLM continued to authorize grazing under the existing permits.

This case challenges BLM’s recent decision to reissue the grazing permits for another ten-year period, again without taking the action necessary to improve the allotment’s rangeland health. It also challenges BLM’s decision to construct 32-miles of new fences that will impair the allotment’s unique open space, harm sage-grouse and other wildlife, and further erode the allotment’s rangeland health.

Acting on behalf of a group of individuals and two conservation organizations, Advocates has filed an administrative appeal and moved to stay construction of the fences until the appeal is resolved.

Files:

Statement of Reasons_FINAL.pdf

GMCA PETITION FOR STAY_FILED.pdf

Staff Attorney(s):

Natalie Havlina

Clients:

Western Watersheds Project

Wild Earth Guardians

Species:

Greater Sage Grouse

BLM

Updates

05/19/2010

A Victory for Sage-Grouse and Open Space

In a landmark decision, Administrative Law Judge Harvey C. Sweitzer has granted Advocates' 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 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 is proud to represent Western Watersheds Project, WildEarth Guardians, and several individuals is this on-going matter.

Order Granting Petition for Stay.pdf