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Local rancher awarded $600,000 in battle with green group (SW AZ)
NogalesInternational.com ^ | Jan. 27, 2005 | George C. McQueen

Posted on 01/30/2005 1:05:20 PM PST by madfly

Nogales International

After seven years, a Santa Cruz County rancher has won a judgment of $600,000 for alleged libelous and false statements posted on the internet by an environmental activism group.

On Friday, Jan. 21, a Tucson jury found the Center for Biological Diversity, an environmental group based in Tucson, guilty of making "false, unfair, libelous and defamatory statements" against Jim Chilton, a Southern Arizona Rancher.

Chilton owns the Montana Allotment, which extends west of Nogales from the U.S./Mexico border, along the Buenos Aires Refuge around the hamlet of Oro Blanco and ghost town of Ruby and into Pima County, around the town and lake of Arivaca.

"Most of the land my cattle graze on is in Santa Cruz County," said Chilton, whose family has been ranching in Arizona for five generations.

The Tucson jury awarded Chilton $100,000 in actual damages, and $500,000 in punitive damages for defaming him and his family business.

In July 2002, the center posted a two-page press release with 21 photographs posted on their web-site that were "false and misleading regarding Chilton's 21,500 acre Montana grazing allotment northwest of Nogales," said Kraig Marton, Chilton's attorney.

In a phone interview Wednesday, Chilton explained that the Center for Biological Diversity "clearly demonstrates that they want to end all grazing in the western United States on state and federal land."

The suit was filed, according to Chilton, because he wanted to challenge the way the Center for Biological Diversity does business. "They don't use science, they use scare tactics," said Chilton. "They also use endangered species as surrogates to obtain their own goals and to raise money," he added.

The jury agreed with Chilton's claim, citing the Center did make false statements in a news advisory, and that misleading photographs were used in an unsuccessful effort to block renewal of Chilton's grazing permit. The jury also cited that the Center did not accurately describe the condition of the grazing allotment.

"Four of the photographs were of other people's private property," Chilton said.

"What they do is sue the forest service," Chilton explained.

"If the forest service doesn't do something they (Center for Biological Diversity) ask for an injunction to end grazing until the forest service rights its wrong."

"In 1999 I was involved in a lawsuit that affected 85 ranches in the southwest, including Santa Cruz County"

The source of these controversial lawsuits are two endangered animal species: the lesser long nosed bat and Sonoran chub, a small fish endemic to the Sonoran Desert.

Chilton explained that the U.S. Fish and Wildlife Service (FWS) published an opinion that cattle grazing would "likely adversely affect the Sonoran Chub."

In order for Chilton to continue grazing on certain pastures, a biologist, zoologist, fish biologist, rangeland conservation expert and botanist would have to inspect his pastures nine times a year.

"That would have wiped me out," said Chilton, adding, "I objected strenuously to this ruling and filed a lawsuit with the Arizona Cattle Growers' Association" and eventually had the ruling overturned.

A federal district court "ruled the FWS could not obtain 'regulatory jurisdiction' unless the species, in fact, existed. Even if they were on my allotment, the FWS would have to prove that cattle grazing would kill the chub, or the bat.

"It's been a seven-year struggle. I'm extremely gratified that the evidence has proven them to be liars," said Chilton.

When asked if ranchers and environmental activists did not have a common interest in conserving the environment, Chilton said. "Cattle have been grazing on the Montana Allotment for 300 years. We (ranchers) have to maintain the land so grazing can be sustainable for the next few centuries."

He added, "I, too, consider myself an environmentalist. Because every day is Earth Day for me."

The Center for Biological Diversity did not respond to telephone calls and emails for this story.



TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Front Page News; Government; News/Current Events; US: Arizona
KEYWORDS: arizona; ctrbiologicaldiv; environment; fakephotos; greeniesloseone; lawsuit; libel; propertyrights; ranch; ranching
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To: Harmless Teddy Bear
A federal district court "ruled the FWS could not obtain 'regulatory jurisdiction' unless the species, in fact, existed.

Re-reading your comments, and then the article, I came across this gem:

and Sonoran chub, a small fish endemic to the Sonoran Desert.

Speaking as a lay person, this smells like a fish tale to me.
I mean, really. Fish? In a desert? /grin

Cheers!

21 posted on 01/30/2005 4:35:47 PM PST by grey_whiskers (The opinions are solely those of the author and are subject to change without notice.)
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To: madfly

BTTT!


22 posted on 01/30/2005 5:23:34 PM PST by Libertarianize the GOP (Make all taxes truly voluntary)
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To: madfly
Way to go!
Score one for the good guys & Gals
23 posted on 01/30/2005 5:39:26 PM PST by utahguy (Ya gotta kill it before you grill it: Ted Nugent)
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To: madfly

'Cattle have been grazing on the Montana Allotment for 300 years.'

Hmmm? 300 years? 1705-2005? That quite a long time? Cattle has been grazing there since 1705? I wonder if the rancher is not doing some misleading himself?


24 posted on 01/30/2005 6:05:10 PM PST by rawhide
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To: madfly

This is *exactly* the way to disarm these yammering leftists: Make them pay to yammer.

One of the old guys in my gun club, years ago, was constantly agitating for gun owners' organizations to start *suing* the media and anyone else who defamed us. After initially thinking he was just litigation-crazy, I started realizing where he was headed.


25 posted on 01/30/2005 7:01:00 PM PST by fire_eye (Socialism is the opiate of academia.)
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To: rawhide

He didn't say that his cattle had been there for 300 years. The spanish first settled that area around 1630.


26 posted on 01/30/2005 7:39:59 PM PST by editor-surveyor (The Lord has given us President Bush; let's now turn this nation back to him)
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To: Emmett McCarthy
"Now, the question is: will he be able to collect it?"

He's been fighting this for almost 5 years; do you think he lacks the tenacity? The enviro-nazi group has deep pockets (mostly filled by tax dollars)

27 posted on 01/30/2005 7:46:31 PM PST by editor-surveyor (The Lord has given us President Bush; let's now turn this nation back to him)
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To: tertiary01
"They sued the Forest Service!! and will be entitled to reimbursement."

No, in fact, if the feds are sharp they will get reimbursement from the watermellons for filing a false case.

28 posted on 01/30/2005 7:50:33 PM PST by editor-surveyor (The Lord has given us President Bush; let's now turn this nation back to him)
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To: Emmett McCarthy
"Now, the question is: will he be able to collect it?"

Standard M.O. for these groups is to close up shop and reopen under a new name. They do this for lots of reasons including avoiding the law. I would not be surprised if the same happens here.

29 posted on 01/30/2005 7:56:38 PM PST by Mad Dawgg (French: old Europe word meaning surrender)
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To: editor-surveyor
Rush was just talking about this last week. He maintained that the reason there are so many environmental groups suing the government over various environmental issues is due to the fact that they are entitled reimbursement for the costs of the lawsuits, win or lose.

This evidently was written into the Title that authorizes the EPA thus making it a virtual lawyer employment act and leading to the out-of-control proliferation of environmental activist groups.
30 posted on 01/30/2005 8:12:22 PM PST by tertiary01
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To: farmfriend

BTT!!!!!


31 posted on 01/31/2005 3:03:39 AM PST by E.G.C.
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