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Idaho judge rebukes Bush admin on revised regulations |
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A federal judge in Idaho enjoined the Bureau of Land Management today
from implementing revised grazing regulations, saying the agency
adopted industry suggestions without heeding comments from the public
or Fish and Wildlife Service.
In a strongly worded opinion, Idaho District Judge B. Lynn Winmill
sided with the Western Watersheds Project's contention that BLM's rules
violated the National Environmental Policy Act, Endangered Species Act
and Federal Land Policy and Management Act.
"Past BLM regulations imposed restrictions on grazing and
increased the opportunities for public input to reverse decades of
grazing damage to public lands," Winmill wrote. "Without any showing of
improvement, the new BLM regulations loosen restrictions on grazing.
"They limit public input from the non-ranching public, offer
ranchers more rights on BLM land, restrict the BLM's monitoring of
grazing damage, extend the deadlines for corrective action, and dilute
the BLM's authority to sanction ranchers for grazing violations."
Todd Tucci, an attorney with Advocates for the West, called Winmill's ruling "a stunning rebuke of the BLM."
The final regulation, unveiled last summer, directs BLM to
consider the "social, cultural and economic effects" of decisions
regarding livestock in environmental studies and gives ranchers title
over permanent rangeland improvements such as fences, wells and
pipelines.
BLM spokesman Matt Spangler said the agency was reviewing the decision.
Winmill had temporarily enjoined the regulations last summer in
advance of arguments from the agency and environmental groups, and he
was not happy with what he saw, especially that grazing interests first
proposed the regulations.
"Certainly the industry has a vital interest in being
regulated efficiently, but the new regulations reach far beyond that
prosaic purpose," Winmill wrote. "According to the federal agency
charged with protecting endangered species -- the Fish and Wildlife
Service -- the new regulations 'fundamentally change the way BLM lands
are managed,' and 'could have profound impacts on wildlife resources.'
"After thoroughly reviewing the extensive Administrative
Record in this case, the court finds that this assessment of the Fish
and Wildlife Service is accurate," Winmill said.
The injunction will remain until BLM consults with the service
on potential effects on endangered and threatened species and conducts
further NEPA analysis of environmental impacts.
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Last Updated ( Thursday, 01 November 2007 )
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