[Congressional Record (Bound Edition), Volume 154 (2008), Part 8]
[Senate]
[Pages 11143-11144]
[From the U.S. Government Publishing Office, www.gpo.gov]




            CHALLENGES FACING WYOMING'S FARMERS AND RANCHERS

  Mr. BARRASSO. Mr. President, I believe our Nation's farmers and 
ranchers--free of government interference and redtape--are the best 
stewards of the land.
  Unfortunately in Washington, there are people who don't understand 
Wyoming. We do not need the Federal Government to regulate mud puddles 
and wetlands. We know how to manage our lands. We do not take kindly to 
the ``Washington knows best'' philosophy. We are westerners. We have 
been living out here for a long time without the helpful hand of the 
Federal Government.
  A recent editorial printed in the Wyoming Livestock Roundup on April 
5 really hit home. I recommend to my colleagues the editorial by Jim 
Magagna as reflecting the feelings of Wyoming farmers and ranchers. I 
ask unanimous consent that it be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                         The Society We Live In

       I am admittedly old-fashioned. I still relish the 60's when 
     resource conflicts were most often resolved by just getting 
     out and kicking a little dirt. I had my share of ``cussin' 
     and discussin''' with BLM, USFS and WG&F personnel. I 
     respected their professional expertise and they respected my 
     practical experience. Most often this combination produced a 
     result that was a little uncomfortable for both of us, but 
     right for the resource. Neither of us was particularly 
     concerned that our decisions would be challenged by anyone 
     else.
       Fast-forward to the 21st century: Resource managers are no 
     longer respected for their professional judgment, which they 
     can exercise only at peril of the agency being sued. The 
     demands placed upon them to create paper trails leave little 
     time for kicking the dirt. The U.S. Fish and Wildlife Service 
     (FWS), has been added to the list of federal agencies known 
     to strike fear into the hearts of ranchers. Resource 
     decisions are driven primarily by often uninformed public 
     opinion and agency efforts to avoid litigation. Many of the 
     threats which once plagued only public land ranchers have 
     migrated to private lands, infringing on our property rights. 
     Many of today's decisions are simply not ``right for the 
     resource''.
       These 21st century resource management challenges have also 
     forced ranchers and the organizations that represent them 
     into the litigation arena to an unprecedented extent. Certain 
     environmental organizations have perfected the litigation 
     process as a tool to make government dysfunctional. Their 
     formula is simple: Challenge every unfavorable decision on 
     simple procedural grounds, utilizing the National 
     Environmental Policy Act (NEPA) or the Endangered Species Act 
     (ESA), as a tool. Make massive, costly and time-consuming 
     demands on the agencies for documents under the Freedom of 
     Information Act (FOIA), thereby preventing agency personnel 
     from performing normal duties. Identify ``friendly'' courts 
     that will assure a favorable decision on the weakest of 
     evidence. Assure that the environmental organization's legal 
     fees are paid by the taxpayer and that the FOIA fees are 
     waived ``in the public interest''. This is the shameful but 
     successful strategy of Western Watersheds Project, Center for 
     Biological Diversity, Forest Guardians and a host of 
     similarly aligned conspirators.

[[Page 11144]]

       Meanwhile, back at the ranch, individual families are 
     forced to scrape together thousands of dollars of their own 
     funds to defend property rights and federal grazing permits. 
     Financial and human resources that would otherwise be 
     directed toward resource management and improvements are 
     diverted to legal fees and endless meeting participation, 
     thereby strengthening the claims of the environmental 
     plaintiffs that the resource is not being properly managed. 
     The rancher is placed in a vicious circle from which there is 
     no ready escape.
       Agricultural organizations at the state, national and local 
     levels have stepped up to the plate in recent years in order 
     to address these threats in a collective manner and relieve 
     some of the burden placed on individual ranchers. In Wyoming, 
     state government has been a partner in this effort, in 
     particular regarding endangered species.
       In 1999 the Wyoming Stock Growers Association (WSGA), for 
     the first time in its then over 125 year history, deemed it 
     necessary to establish a permanent Litigation Fund to support 
     challenges by the radical environmental community. Since that 
     time the generosity of our members and supporters has allowed 
     us to participate in or financially support over ten (10) 
     defenses of the property rights and interests of the ranching 
     community. In addition to these direct expenditures, an 
     increasing portion of staff time is dedicated to reviewing 
     litigation and determining the appropriate level of 
     involvement for the organization.
       Currently, WSGA is involved as an intervenor in litigation 
     seeking the listing of the sage grouse and in challenges to 
     the state's elk feedgrounds. We have filed a motion to 
     intervene in recent litigation seeking to force listing of 
     the mountain plover. WSGA, joined by WWGA, has recently moved 
     to file an amicus brief in litigation challenging the 
     delisting of the grizzly bear. We were in the process of 
     filing in the black-tailed prairie dog litigation when a 
     settlement was reached. In addition, WSGA is a leader in an 
     effort by the National Public Lands Council challenging the 
     overturning of the revised BLM grazing regulations. The 
     announcement last week by WildEarth Guardians of a lawsuit 
     challenging the Secretary of Interior for failure to act on 
     listing petitions for 681 species will undoubtedly present 
     new ``opportunities'' for our involvement.
       The ESA and NEPA are laws whose original intent remains 
     valid. However, they have been co-opted by environmental 
     litigants as procedural hurdles to serve their ultimate goal 
     of land use control. Congress has demonstrated its inability 
     to act in restoring integrity to these laws. There will 
     continue to be a handful of federal judges who are willing to 
     aid and abet in their abuse.
       WSGA and others will continue to defend the property rights 
     and grazing permits of ranchers in environmental litigation. 
     This alone will not be enough. The time has arrived when we 
     must develop a multi-faceted strategy to end this abuse of 
     our rights and our legal system. We have begun the proactive 
     step of building public support for our stewardship and 
     forming alliances with other groups who support our role in 
     resource management. Future steps should include an expose of 
     the motives and tactics of select radical environmental 
     groups and direct legal challenges to certain of their 
     practices. This strategy will demand even greater short-term 
     sacrifices by ranchers and a strong coordinated commitment by 
     those who represent them. Success will assure a sustainable 
     resource and a more secure future for our industry.

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