Court Decision Creates More Economic Instability For Western Ranchers (NCBA/PLC)

WASHINGTON, D.C. (September 2, 1998) - "Western ranchers will face even more economic instability because of a 10^th Circuit Court of Appeals decision upholding areas of Interior Department Secretary Bruce Babbitt’s Rangeland Reform 94 regulations," the Public Lands Council (PLC) and the National Cattlemen’s Beef Association (NCBA) said today.

In a split opinion yesterday, the 10^th Circuit Court of Appeals reversed the U.S. District Court for the District of Wyoming on three out of four issues. The June 1996 decision by Wyoming U.S. District Court Judge Clarence Brimmer held that Secretary Babbitt had violated the law when he (1) eliminated statutory grazing preference rights and replaced those rights with " permitted use"; (2) took away full title to all future range improvements placed on the federal lands by ranchers; (3) established "conservation use" grazing permits that exclude livestock grazing from public lands; and (4) reduced the mandatory qualifications for a grazing permit. The Appeals Court upheld only issue 3, finding that "conservation use," or non-use, is not appropriate for a grazing permit.

"We are very disappointed in the 10^th Circuit Court decision," said Brent Atkin, St. George, Utah, president of the Public Lands Council. "At a time when ranchers across the country are suffering from low cattle prices due to oversupply, drought and the Asian crisis, this decision will add further economic instability to western ranchers who are struggling to make ends meet."

Atkin said that this decision could give the industry more incentive to urge Congress to pass grazing legislation this year. The House has passed a grazing bill and it is now waiting Senate Approval when Congress reconvenes from the Summer recess.

"The grazing legislation does not address any of the issues addressed in the court decision," Atkin said. "However, it does codify a grazing fee that would help stabilize the western grazing industry and assure lenders that the livestock industry is a good investment."

Range improvements, such as water development and grass improvement, by federal-lands ranchers have been attributed to the increase in wildlife numbers across the west. Atkin said the court decision impacts ranchers’ ability to continue such conservation improvements for wildlife and the millions of Americans who enjoy the multiple uses of federal lands.

Atkin said that the industry will be considering its legal options with respect to yesterday’s appellate decision.

- NCBA -

The PLC represents 27,000 permittees who hold leases to graze livestock on 270 million acres of federal land across 14 states. PLC coordinates federal-lands policy for the National Cattlemen’s Beef Association, the American Sheep Industry and the Association of National Grasslands.

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.