Judge blocks Grazing on "Endangered Owl" Lands

Associated Press | Nov. 25, 2002 | Arther Rotstein

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-------------------------------------------------------------------------------- Health & Science: Grazing temporarily blocked on endangered owl lands

Copyright © 2002 AP Online

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By ARTHUR H. ROTSTEIN, Associated Press

TUCSON, Ariz. (November 25, 2002 10:42 p.m. EST) - A federal judge has issued an injunction that could temporarily ban cattle grazing on huge swaths of national forest land identified as nesting and foraging sites for the endangered Mexican spotted owl.

U.S. District Judge Raner Collins' order blocking grazing in areas of Arizona and New Mexico was signed Thursday in response to a lawsuit by environmental groups who want to remove cattle from spotted owl habitat.

The injunction is set to kick in Jan. 22. But it won't go into effect if the Forest Service and the U.S. Fish and Wildlife Service complete a new biological review before then, Collins said.

The last such review, which resulted in amended grazing standards set by the Forest Service in 1996, took a couple of years to complete, said Jim Angell, an attorney for Earthjustice, a nonprofit public interest law firm and a plaintiff in the lawsuit.

Those standards were designed to protect owl habitat and ensure its survival. Grazing threatens the owl by reducing its favorite prey, degrading streamside vegetation and slowing the growth of habitat favorable to the bird, environmentalists contend.

"Frankly, they may try to hurry this through so the time grazing is enjoined is shortened," Angell said Monday of the biological review. "My fear is they will try to rush this thing out as quickly as possible and, as a result, their analysis will be shoddy."

Collins didn't specify how many acres were included in the injunction, but Angell put the number at at least 200,000. Attorneys representing the Justice Department and the Arizona Cattle Growers Association didn't return calls seeking comment Monday.

Collins' injunction is the latest step in a long-running lawsuit over the owl habitat. Last month, he found that the Forest Service violated the Endangered Species Act by failing to prevent overgrazing on millions of acres of national forest in the two states.

The government or the Arizona Cattle Growers Association could appeal Collins' order. Art Morrison, a spokesman for the Forest Service's regional headquarters in Albuquerque, N.M., said officials haven't consulted with the Justice Department on the ruling yet.

[dennisw]

All this over an illegal alien Mexican owl.

[HiJinx]

Oops, slight misstatement.

83% of the land in Arizona is owned by local, state, and federal governments. So you may be able to lease from the State as well.

[newfreep]

Maybe it's one of those rare "algore" owls that want everything they see without regard to who owns it?

[HiJinx]

Feds get market rate

What market? In essence, the grazing fees are a tax paid by businessmen to use a public resource. Are you suggesting a tax increase?

[concerned about politics]

If I ever found an endangered species on my land, I would..........and not tell anyone.
If the laws were changed, I'd protect it.
Sometimes these laws hurt more critters than they help. Now everyone is trying to make sure that a critter is no longer on their land - that way the problem is solved quietly.

[Chancellor Palpatine]

I'm talking fee for service. What, so now you think they ought to be able to graze for free?

[LasVegasMac]

I'll never forget the time, as a youth, when I first saw a cow in a tree with owl feathers plastered around it's muzzle. The next day I saw my first winged pig and shortly thereafter a monkey flew out my butt.

Interesting childhood. During the 60's, right?

LVM

[AD from SpringBay]

Actually, it was in the late 70s early 80s - I blame it on the formaldehyde coming off the oaks in Missouri.

[sasquatch]

TITLE 43 > CHAPTER 8A > SUBCHAPTER I > Sec. 315.

sec. 315. - Grazing districts; establishment; restrictions; prior rights;
rights-of-way; hearing and notice; hunting or fishing rights


Nothing in this subchapter shall be construed in any way to diminish, restrict, or impair any
right which has been heretofore or may be hereafter initiated under existing law validly
affecting the public lands

[.38sw]

Do you have a link for this story? I'd like to send it to a friend who is in the business and would be interested in this story. Thanks.

[daylate-dollarshort]

Jeeeese.......why on Earth do you post to a thread where you haven't the basic knowlege necessary to comment??

1. Ranchers indeed do pay for the grazing rights to public lands. Typically the fee is based upon AU's or for your edification, Animal Units. If there was no grazing, the land would produce no income whatsoever. (Besides, tell me, if you can, where in the Constitution is it provided that the Federal government can claim title to land in the first place?)

2. You made a rather snide comment re subsidized farming. First, few if any ranchers receive subsidies for cattle production. We have raised cattle for 30 years and I have yet to receive the first dollar of subsidy. I personally don't know of any ranchers that have. Second, the purpose of farm subsidies is to ensure the continuing availability of affordable food to people like you.

3. The concept of the endangered "Mexican Spottes Owl" is a fraud. The DNA from the "Northern Spotted Owl", the "California Spotted Owl" and the "Mexican Spotted Owl" are identical. This is the proverbial distinction without a difference.

[NautiNurse]

Maybe it's one of those rare "algore" owls

Al Gore spawned the Mexican spotted owl.

[concerned about politics]

I remember something called "The right to property." What ever happened to that, anyway?
If I paid money for years to own property, why would I be evicted and the property put up for auction if I don't pay property taxes?
Didn't I already pay for the land? Shouldn't I own it no matter what? Why do I still pay government rent?

[Sangamon Kid]

As members of the Arizona Cattle Growers Association know, this is more of the same effort to get ranchers off the land. Totally wrong-headed to have the areas ecosystem planning revolve around the owl, as opposed to seeking a balance that doesn't place ranchers at a disadvantage.

What do you expect? We should be asking, "Why does the Federal government even own this land? As long as they own it, they have every right to implement any lame-brained land policy they want to. The ACGA ought to be concerned with lobbying efforts that force the government to sell portions of their BLM land portfolio, so that guys like you don't have to whine about being treated unfairly.

[FreePaul]

I agree. The market should determine the cost of grazing. Get the government out of it. Put the land in private hands and let the market determine the cost of grazing. It's that simple.

[VMI70]

Come on now.

If the range is privatized, then ranchers would own worthless land for grazing. The subject of this thread is the prohibition of use of the land by the ranchers because of the spotted owl protection. Do you think for one minute that the decision will be changed if the land is private?

Think again.

There are thousands of horror stories of the "taking" of land by the government, either by forced forfeiture or the prohibition of use, in order to "preserve the environment." The owners are almost never "given just compensation", either market value and/or future earnings, as required under the 5th Amendment of the Constitution of the United States, to wit:

"...nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

[Fury]

There are thousands of horror stories of the "taking" of land by the government, either by forced forfeiture or the prohibition of use, in order to "preserve the environment." The owners are almost never "given just compensation", either market value and/or future earnings, as required under the 5th Amendment of the Constitution of the United States, to wit:

Good point on how many National Grasslands were created in the Dust Bowl. Government buyers came in and lowballed prices for land, pressured farmers and some eventually sold with the National Grasslands eventually established from some of these land sales.

[bert]

If the owls are all exterminated they will no longer be an endangered species.

[Sangamon Kid]

If the range is privatized, then ranchers would own worthless land for grazing.

Am I missing something here? If private land was worthless for grazing, then why pay for grazing rights on government land?

[BOBTHENAILER]

Owls rock!

Yes they do, especially when I hit 'em with my twelve guage, mistakenly of course. They look a lot like quail and taste even better.

Not quite as good as lynx, red legged frogs or your garden variety spotted owl, but a tasty morsel nonetheless.

What do you have against ranchers, anyway?