For Immediate Release / October 2, 2009
From the New Mexico Cattle Growers’ Association
P.O. Box 7517 / Albuquerque, New Mexico 87194
For further information, contact: Caren Cowan
505.247.0584 phone /
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Yesterday’s ruling by United States District Court Judge James O. Browning dismissing a
challenge to U.S. Forest Service (USFS) grazing permit renewal from the WildEarth Guardians is
welcome news for New Mexico ranchers and will help ranchers across the west.
“Livestock producers across the West are breathing a sigh of relief today,” said Alisa Ogden,
New Mexico Cattle Growers Association (NMCGA) President. “The claims made by the WildEarth
Guardians in this case regarding grazing, the livestock industry and the Forest Service were totally
without merit, and Judge Browning reinforced that fact with his ruling. This is a huge victory.”
In 2007, the WildEarth Guardians, then known as the Forest Guardians, challenged the U.S.
Forest Service’s (USFS) use of categorical exclusions (CE) to comply with the National
Environmental Policy Act (NEPA) for grazing permit renewal in Federal District Court. The case
focused on 26 grazing allotments in the Gila National Forest. The NMCGA, the New Mexico Federal
Lands Council and the Arizona/New Mexico Coalition of Counties intervened in the case on behalf of
the 26 named allotment owners.
“This case was just one more attempt by a radical activist group to eliminate livestock grazing,”
Ogden said. “Had it been successful, it would have devastated the livelihoods of the named allotment
owners, and the economy of rural Southwestern New Mexico. We are so pleased that the Court saw
through the claims made by the WildEarth Guardians and ruled on the side of common sense and the
will of Congress.
NEPA analysis is typically required for major federal actions, but due to policy decisions by the
USFS and the Bureau of Land Management (BLM), is now required for the renewal of 10-year USFS
grazing permits, Ogden explained. Now, the agency has a tremendous backlog of analysis and
paperwork, because they simply are not equipped to conduct such detailed review on every grazing
permit that comes up for renewal. Additionally, the WildEarth Guardians and other such groups tie up
the agencies with appeals and lawsuits.
“This has created a lot of uncertainty for ranchers who depend on grazing allotments as part of
their operations, and for the institutions, like banks, that they work with on a daily basis,” Ogden
noted. “Fortunately, we have had strong Congressional support on this issue.”
Starting in 1995, and most recently in March of 2009, language was included in several
appropriations bills by former Senator Pete Domenici directing the USFS to use categorical
exclusions to keep the current terms and conditions of grazing permits in effect until the agency is
able to complete the environmental analysis required for renewal.
“Through no fault of their own, these ranchers were placed in jeopardy, and we appreciate the
Court’s ruling. The ironic thing is, every lawsuit filed against the agency by groups like the WildEarth
Guardians takes more and more time and resources away from environmental analysis and on-theground
resource management – making the situation even worse.” Although this ruling pertained to
these 26 allotments in New Mexico, it will also have a direct influence on the court challenge that
Western Watershed Project has mounted to the remaining 138 Forest Service grazing permit renewal
decisions on 386 allotments across the remainder of the Western states. That case is now pending in
the Northern District Court of California.
“We are extremely pleased that the USFS chose to defend itself and the ranchers on these
allotments in the face of this frivolous litigation. We are also extremely proud of the representation
that Karen Budd-Falen and the Budd-Falen Law Office, L.L.C., Cheyenne, Wyoming, protected the
industry through participation in the case on behalf of the livestock industry,” she concluded.
-END-
Read the Case Memo and Order PDF 111k |