CIRCUIT COURT OVERTURNS CAMP CREEK RULING

WASHINGTON, D.C. (July 23, 1998) – The 9^th Circuit Court of Appeals yesterday ruled that the U.S. Forest Service does not need to obtain certification from individual states before issuing grazing permits for public land, handing a significant victory to cattle producers and all Americans who enjoy the multiple uses of public land, the CATL Fund and the National Cattlemen's Beef Association (NCBA) said today.

"This case shows that there are simply going to be some instances where going to the courts will be the only option for cattlemen," said Lance Kotschwar, CATL Fund corporate counsel and NCBA director of federal lands. "For the foreseeable future, cattle producers need to use litigation as a policy option."

According to CATL Fund President Bill Thomas of Sacramento, Calif., "The circuit court not only rejected the wrongful decision of the district court, they also rejected the twisted logic and rationale of extremists."

The Oregon Natural Desert Association had filed the case against the U.S. Forest Service, claiming the agency should obtain certification from the state under the Clean Water Act before issuing grazing permits in Oregon. They targeted a grazing permit in and around Camp Creek and the Middle Fork of the John Day River.

In a unanimous decision, the circuit court found that the Clean Water Act authorizes states only to require certification for point sources of pollution and does not apply to potential non-point source runoff. States can regulate non-point sources through pollution control plans that are federally funded.

"It would be strange indeed to classify as a point source something as inherently mobile as a cow," said Judge Mary M. Schroeder, writing for the court. "The term point source does not include a human being, or any other animal," she added.

"This decision should clarify the issue in respect to grazing permits issued by all federal agencies," Thomas said. "The court took great care to clarify the proper interpretation of the provisions of the Clean Water Act that apply only to point source discharges."

NCBA joined CATL Fund to file an amici curiae brief on behalf of the permittee in the case.

– NCBA –

The CATL (Cattlemen Advocating Through Litigation) Fund is a charitable organization created to assist landowners and others similarly situated in establishing broad-based legal precedent to protect property rights, promote free enterprise and minimize regulatory abuse.

Initiated in 1898, the National Cattlemen’s Beef Association is the marketing organization and trade association for America’s one million cattle farmers and ranchers. With offices in Denver, Chicago and Washington D.C., NCBA is a consumer-focused, producer-directed organization representing the largest segment of the nation’s food and fiber industry.