Middleboro Review: Victory! No one is above the law

Sunday, December 22, 2019

Victory! No one is above the law

Judge upholds rule of law; protects sage-grouse, redband trout, and public lands.

Hammonds’ Grazing Permit Vacated

Judge rebukes Zinke’s decision to renew the Hammonds’ grazing permit

The holidays have come early for WildEarth Guardians and our allies in defending public lands and native species from the ravages of livestock grazing and governmental overreach. On Friday, a federal judge overturned the Trump administration’s renewal of the Hammonds Ranches’ livestock-grazing permit in eastern Oregon. This is a victory for the rule of law, sage-grouse, redband trout, and public lands.

You may recall Dwight and Steven Hammond, father and son who were convicted of arson for setting fire to BLM lands in an effort to get more grass for their cows. Initially, the BLM did the right thing and revoked their grazing privileges and the Hammonds were sent to jail. Then, the Bundys used this as an excuse to take over the Malheur Wildlife Refuge, Trump pardoned them, and, on his last day in office, Secretary Zinke overruled the BLM and renewed the Hammonds’ grazing permit with no environmental analysis or the required determination that they have a “satisfactory record of performance.”

We could not stand by and let this pass. In May 2019, we joined our allies in filing litigation in federal court challenging Zinke’s decision. On Friday, the Judge issued a strong rebuke to the administration, finding Zinke’s decision to renew the Hammonds’ grazing permit “was arbitrary and capricious, an abuse of discretion, not rationally connected to the facts before the agency, inconsistent with the governing statutes and regulations, and an unexplained change in agency practice and procedure.”

The judge vacated the permit, meaning the Hammonds do not have the privilege of grazing on public lands until the BLM does a full environmental analysis and assessment of the Hammonds’ “record of performance.” This decision will finally force the BLM to honestly disclose the serious environmental harm grazing causes and, with comment from the public, put restrictions to protect sage-grouse and other native species into any new permit.

We are facing relentless attacks on wildness—on wild places, wild rivers and wildlife. As Guardians, we will remain vigilant in challenging this administration’s abuse of power.