American Prairie loses grazing rights

[johnnycake]

Do you really think an ALJ will change his decision without an appeal?

As a regulatory attorney, I see that happen routinely. Will this one? No clue but a proposed decision is materially different from a final decision

 

[Gila]

I am not an attorney so I respect your professional opinion. How routine is it that the Sec of the DOI takes Jurisdiction then grants the BLM a motion for remand without vacatur and directs the BLM to reconsider its previous decision?

 

[johnnycake]

I am not an attorney so I respect your professional opinion. How routine is it that the Sec of the DOI takes Jurisdiction then grants the BLM a motion for remand without vacatur and directs the BLM to reconsider its previous decision?

#1. I don't work for free
#2. I could explain it to you, but I can't understand it for you. Based on this thread and how you have been, I have zero interest in attempting to educate you.

 

[CJ19]

#1. I don't work for free
#2. I could explain it to you, but I can't understand it for you. Based on this thread and how you have been, I have zero interest in attempting to educate you.

do you work for a conservation NGO or gov agency involved in conservation by chance?

 

[Gila]

#1. I don't work for free
#2. I could explain it to you, but I can't understand it for you. Based on this thread and how you have been, I have zero interest in attempting to educate you.

I already knew the answers before I asked. But for the readers:

1) For the Sec DOI to take jurisdiction is a very rare occurrence.

2) For the Sec DOI to grant the BLM a motion for remand and then direct the BLM to reconsider its previous decision is about as common as hen’s teeth.

3) The probability that AP will prevail in an appeal of the final decision is about as high as President Trump voting for a Democrat.

 

[Q_Sertorius]

I already knew the answers before I asked. But for the readers:

1) For the Sec DOI to take jurisdiction is a very rare occurrence.

2) For the Sec DOI to grant the BLM a motion for remand and then direct the BLM to reconsider its previous decision is about as common as hen’s teeth.

3) The probability that AP will prevail in an appeal of the final decision is about as high as President Trump voting for a Democrat.

And once they exhaust the administrative remedies, they can go to court.

 

[Gila]

And once they exhaust the administrative remedies, they can go to court.

It will be interesting to see how EJ takes it to Court. The evidence suggests that this is the first time anyone has tried to graze bison just for a conservation purpose. The Public Lands Rule of 2024 which is in the process of being rescinded, would have made conservation a public use on equal footing with hunting, cattle grazing and other accepted public uses.

 

[Q_Sertorius]

It will be interesting to see how EJ takes it to Court. The evidence suggests that this is the first time anyone has tried to graze bison just for a conservation purpose. The Public Lands Rule of 2024 which is in the process of being rescinded, would have made conservation a public use on equal footing with hunting, cattle grazing and other accepted public uses.

All those really unusual agency actions you listed sound like the setup for an APA case. Of course recent case law has taken some of the teeth out of the APA. So, we’ll see. Worth watching for sure.

 

[Gila]

All those really unusual agency actions you listed sound like the setup for an APA case. Of course recent case law has taken some of the teeth out of the APA. So, we’ll see. Worth watching for sure.

Maybe so, but IMO - EJ would have to first show that the Sec of the DOI didn’t have jurisdiction to act or the decision was a CUE. Both issues have been historically difficult to prove.

 

[johnnycake]

do you work for a conservation NGO or gov agency involved in conservation by chance?

I work in private practice and most of my clients are heavily regulated industries (utilities, oil/gas/pipelines, mining, natural resources etc), and I routinely deal with lands use issues (public and private), conservation and environmental matters before state and federal agencies and courts.

 

[CJ19]

I work in private practice and most of my clients are heavily regulated industries (utilities, oil/gas/pipelines, mining, natural resources etc), and I routinely deal with lands use issues (public and private), conservation and environmental matters before state and federal agencies and courts.

gotchya

 

[Jpsmith1]

Do you really think an ALJ will change his decision without an appeal?

Kind of think you missed my point entirely.

 

[Gila]

Kind of think you missed my point entirely.

I absolutely did get the point…You were suggesting that the new decision is a political one outside of our system of Justice. I have a comment about Mr. Newberg’s recent podcast with Ali Fox. For some reason Mr. Newberg thinks Earth Justice, out of the goodness of their own hearts, are representing AP for free. Lawyers don’t work for free…just ask Mr Johnnycake. Maybe the better question would have been is Earth Justice getting paid by the EAJA? Which is how they usually get paid.

In case there are hunters who still think that the Buffalo Commons is just a conspiracy theory, take a look at this propaganda film on YouTube which was recently put out by the Poppers:

 

[finner]

I have better ways to spend my time. i will no longer participate in this thread.

The truth will out…

Did bingo night get cancelled?

 

[Gila]

Did bingo night get cancelled?

Apparently yours did. I am ready to leave it alone. There really isn’t any reason to continue here. AP’s current situation will be ongoing for quite some time to come. The usual “hunting conservation” talking heads have weighed in on the most recent events. The most informative podcast I have found relating to hunting opportunity is Steve’s interview with Ali Fox. I don’t entirely agree with all of what was brought out, but he did ask some hard questions that others didn’t.

 

[2531usmc]

Apparently yours did. I am ready to leave it alone. There really isn’t any reason to continue here. AP’s current situation will be ongoing for quite some time to come. The usual “hunting conservation” talking heads have weighed in on the most recent events. The most informative podcast I have found relating to hunting opportunity is Steve’s interview with Ali Fox. I don’t entirely agree with all of what was brought out, but he did ask some hard questions that others didn’t.

Podcast was outstanding. Per the podcast and as a hunter, it would be hard to argue against their organization and mission.

 

[johnnycake]

For some reason Mr. Newberg thinks Earth Justice, out of the goodness of their own hearts, are representing AP for free. Lawyers don’t work for free…just ask Mr Johnnycake. Maybe the better question would have been is Earth Justice getting paid by the EAJA? Which is how they usually get paid.

Plenty of lawyers work for free, I'm just not one of them. If EJ agrees to represent you they don't charge the client for it. They run on donations and motions for attorney's fees when they win.