In Western Watersheds Project v. Kraayenbrink, U.S. District Court Judge B. Lynn Winmill issued a preliminary injunction blocking only the part of the Bureau of Land Management (BLM) new grazing rules that deal with public participation in the rulemaking. But Judge Winmill allowed all other aspects of the regulations to go forward. This is viewed by the industry as a victory for public lands ranchers.
Following BLM's July 12 publication of the final grazing regulations, Western Watersheds and four other environmental groups filed suit alleging the rules violate NEPA (the National Environmental Policy Act of 1969), FLPMA (Federal Land Policy and Management Act of 1976), ESA (the Endangered Species Act of 1973) and the Administrative Procedure Act. The Public Lands Council (PLC) has intervened in the lawsuit on behalf of the BLM and the regulations.
"The U.S. and the PLC overwhelmingly succeeded at this very early stage of the litigation," says Jeff Eisenberg, Washington D.C., PLC executive director. "None of the substantive provisions of the regulations were enjoined. These are all in effect."
-- Clint Peck