Public Lands Council Needs
Funds For Supreme Court Case

WASHINGTON —— The Public Lands Council says rangeland "reform" regulations instituted by the Clinton administration in 1995 are threatening the livelihood of ranchers and farmers and reducing their ability to provide open space and wildlife habitat. PLC continues to fight those regulations and push for change, and is seeking donations to help bring their case before the U.S. Supreme Court.

State cattle affiliate organizations in Arizona, California, Colorado, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah and Washington have pledged financial support of more than $70,000 toward a $250,000 goal. Monies raised will help finance legal representation for the industry before the court.

"The industry has strongly supported our efforts, and we are hoping that support will be there again," said Jason Campbell, PLC executive director.

This historic Supreme Court case is extremely vital to western livestock producers who use public lands for grazing, Campbell said. Should ranchers' and farmers' ability to raise cattle be impeded, it could have a "trickle down" effect throughout the agriculture economy, because most cattle that graze on federal land are sent to feedlots across the country. Campbell said if ranchers' pocketbooks are hurt and they have to sell private land for development, the environment also will lose because these livestock producers provide habitat on their property for wildlife.

The high court agreed on Oct. 12 to hear the case, and the court deadline for the PLC brief is Nov. 26; the government's response is due by Dec. 27. Oral arguments should take place in late February or early March.

This case will set a precedent for how the administration pursues additional environmental regulations, Campbell said.

Interior Secretary Bruce Babbitt implemented the 1995 Rangeland Reform regulations with intent to change the way ranchers have been using public lands for more than 65 years under the Taylor Grazing Act, which was maintained by the more recent Federal Land Policy Management Act and Public Range Improvement Act. Babbitt's 1995 regulations removed the statutorily protected grazing preference, meaning that grazing privileges were no longer safeguarded. The regulations are stayed until the Supreme Court hears the case.

The PLC will argue three issues before the Supreme Court: 1. Babbitt had no authority to substitute the "permitted use" for grazing preference; 2. Babbitt has no authority to deny permittees to their range improvements; 3. Babbitt has no authority to drop the mandated qualification for grazing permits to be used by those who graze livestock.

PLC says it needs a high level of funding to argue and win the case. A victory will have long-lasting effects. Donations to the PLC v. Babbitt litigation fund can be made to the NCBA CATL Fund, 1301 Pennsylvania Avenue, NW, Suite 300, Washington, D.C., 200004.