Tuesday, March 9, 2010

Hells Canyon Early Spring Wildflowers (also, Brian Cole Case)

In This Issue:

- Hells Canyon (and Local) Early Spring Wildflowers

- Brian Cole Motion Hearing Date Set (Edited 3/10/10)
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Early Spring Wildflowers

A brief post two days ago celebrated the fact that early spring wildflowers can be found blooming in Hells Canyon now. Photos of Dutchman's Breeches (Dicentra cucullaria) were included in that post, along with the hope that more photos would be posted soon. Here are photos of the Lomatium, Yellow Bells, Sagebrush Bluebells, and Sagebrush Buttercup.

Lomatium, also know as Biscuit Root or Desert Parsley (Lomatium species).

This early spring wildflower was growing on the rock face just a hundred yards or so downstream from Hells Canyon Dam. While they are not considered stunningly attractive by many, they have an interesting history of human use right up to the present. Some Native American tribes would cook, peel, cut-up and dry the roots of this perennial, which were later pounded to produce a flour that was used to make biscuits (thus the name biscuit root). They have been used medicinally by both Native and modern day Americans, and the Washoe Indians of Nevada were said to use the roots to treat influenza. They are common and easy to spot in most of the interior West in spring through summer.

Yellow Fritillary or Yellow Bells (Fritillaria pudica)

Yellow Bells are members of the Lily Family and are considered perennial herbs, because, while they dry up and appear dead by late summer or early fall, their small bulbs persist underground to produce above ground growth in future years. They can be found in the interior West from the sagebrush foothills to the openings of the conifer forests--from near the bottom of Hells Canyon to the Hells Canyon Rim--with the first blooms at the low elevations and the last along the rim. While they were cooked and eaten by Northwestern Native American groups, unless you know how to process them properly, Fritillaries should not be considered edible because they contain poisonous alkaloids.

Sagebrush Bluebells (Mertensia longiflora)

I find all the early spring wildflowers very attractive, but the Sagebrush Bluebells are especially so. The flowers at Hells Canyon were not quite open at the tips, so I'm using a photo of a plant taken near a satellite Sage Grouse lek in the south western portion of Baker County a year or two ago. I'm unaware of any Native American uses for this plant, but this little beauty brightens the sagebrush communities in most of the interior west.

Sagebrush Buttercup (Ranunculus glaberrimus)

The bright and cheery Sagebrush Buttercup is the harbinger of Spring for the locals in Baker County. I look forward to seeing them every March along Elk Creek Road, just as I did today. Ours had been blooming for only a few days and most had not opened, while those in Hells Canyon must have begun to open around a little over a week ago. They seem to be about a week early on Elk Creek, which isn't surprising, given the mild winter. Most things have their dark side, and the buttercups are no exception--they are toxic. Ingestion can cause vomiting or diarrhea and they can irritate the skin. Northwest tribes used them for both poison and as poultices.
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Brian Cole Motion Hearing Date Set

[Edited 3/10/10]

According to the good folks at the County Court house, the first open court hearing in the Brian Cole case has been set for March 17th, 2010, at 2:00 PM, in Circuit Court. This could change up to near the last minute if a higher priority case comes along between now and then.

My original understanding was that the trial would begin on March 17th, but what will occur is a "Motion Hearing,", where it is thought that Mr. Cole's attorney, Mr. J. Robert Moon, will make a motion to compel discovery of evidence that has been gathered for the case by the prosecution. This would include any evidence uncovered that might tend to clear Mr. Cole of Blame in the matter (exculpatory evidence). Additionally, if it hasn't already occurred, he will make a motion to return property of Mr. Cole's that had been seized by the State during their investigation. Other open court motions will likely be made in the days, weeks or months leading to trial.

Mr. Cole has been charged by the State with two counts of Furnishing Liquor to a Minor and four counts of Sexual Abuse in the Third Degree.

If you have been down to the courthouse on any of the dates when a matter involving this case was to be addressed, you will have noted the many people of little means having to publicly appear in court, some in chains, for legal problems ranging from name changes and marijuana use, to kidnapping. People are free to sit in court and listen to the give and take. Interestingly, given the charges involved, Brian Cole, to the best of my knowledge, has not had to appear in person even once. Also, to the best of my knowledge, most or all of the proceedings, like Monday's hearing and pretrial conference, were not held in open court. The Grand Jury was conducted in secret as a "secret body." March 17th will theoretically be an opportunity for the public to view a proceeding in the case, but nothing would surprise me and many things are possible.
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Monday, March 8, 2010

Western Watersheds Challenges the Legal & Political Purgatory for Sage Grouse.

Yesterday's post on the sage grouse (AKA greater sage-grouse or greater sage grouse), Centrocercus urophasianus, noted “ 'warranted but precluded' is sort of the endangered species Newspeak equivalent of an old folks nursing home or hospice, where endangered species lie around without care in a sort of political "purgatory." As the grouse and the many other species receiving that designation are accepted to be "endangered" or "threatened" by the "warranted" portion of the phrase, it is the "precluded" portion that creates the "catch-22" which actually places a species in legal and political purgatory. Today, Western Watersheds Project and Advocates For The West filed a court complaint in Idaho challenging the the US Fish & Wildlife Service's rational and legal basis for precluding the sage grouse, whose endangerment is now legally acknowledged, from being listed as such, and from being legally safeguarded under the protections offered by the Endangered Species Act. In their complaint they describe the legal and political purgatory: "This “precluded” determination relegates the sage-grouse to the long list of ESA “candidate” species – a black hole from which few species ever emerge, and under which they receive no ESA protection – and represents yet another non-scientific, politicized, and arbitrary determination that prevents the sage-grouse from obtaining the ESA protection that it urgently needs." (See larger portion of Complaint below)



WWP press Release:

Box 1770
Hailey, ID 83333
tel: (208) 788-2290
fax: (208) 788-2298
email: wwp@westernwatersheds.org
web site: www.westernwatersheds.org
Working to protect and restore Western Watersheds and Wildlife

Western Watersheds Project Files Legal Challenge To Denial of Endangered Species Act Protections for Greater Sage-Grouse
For immediate release - March 8, 2010

Contacts:
Jon Marvel, Executive Director Western Watersheds Project: 208-788-2290 ext. 11,
Laird Lucas, Executive Director, Advocates For The West: 208-342-7024 ext. 201

In response to the announcement on Friday March 5 by Secretary of the Interior Ken Salazar that the listing of greater sage-grouse and two of its distinct population segments (Mono Basin and Eastern Washington) under the protections of the Endangered Species Act is “warranted but precluded”, Western Watersheds Project has filed litigation in federal District Court in Boise, Idaho challenging the “precluded” portion of the finding.

The litigation charges that the U.S. Fish and Wildlife Service and the Department of the Interior violated the Administrative Procedure Act and the Endangered Species Act by finding that the listing of greater sage-grouse is “precluded”.

“The Obama administration rightfully concluded that the greater sage-grouse fully qualify for the protections of the Endangered Species Act,” said Jon Marvel, executive director of Western Watersheds Project. “Unfortunately, the administration has violated the law in not listing sage-grouse at the same time.”

The greater sage-grouse is a charismatic bird that lives in sagebrush steppe in eleven western states. First described by Lewis and Clark in 1805, nineteenth century travelers and settlers reported seeing huge flocks of sage-grouse that darkened the sky as they lifted from valley floors. However, westward expansion and development over the next 200 years has eliminated almost half of sagebrush habitat. The total sage-grouse population, estimated between 140,000-500,000 birds, has declined between 69-99 percent from historic levels.

Myriad human activities in the Sagebrush Sea have decimated sage-grouse habitat, including livestock grazing, oil and gas development, agricultural conversion, application of herbicides and pesticides, unnatural fire, urban sprawl, mining, off-road vehicle use, and the placement and construction of utility corridors, roads and fences.

The Fish and Wildlife Service’s finding indicates that current conservation efforts are failing to conserve sage-grouse.

“The ever growing effects of development of the sagebrush sea will doom sage-grouse without the mandatory protection provided by listing the species under the protections of the Endangered Species Act.” said Laird Lucas, executive director of Advocates For The West, the Boise-based legal advocacy firm representing Western Watersheds Project in the sage-grouse
litigation.

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Here is the introduction to the Complaint:

Todd C. Tucci (ISB # 6526)
ADVOCATES FOR THE WEST
P.O. Box 1612
Boise, ID 83701
(208) 342-7024
(208) 342-8286 (fax)
ttucci@advocateswest.org

Laurence (“Laird”) J. Lucas (ISB # 4733)
P.O. Box 1342
Boise, Idaho 83701
(208) 424-1466 (phone and fax)
llucas@lairdlucas.org

Attorneys for Plaintiff Western Watersheds Project

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO


WESTERN WATERSHEDS PROJECT,

Plaintiff,

vs.

U.S. FISH AND WILDLIFE SERVICE,

Defendant.

No. 06-cv-277-BLW
FIRST SUPPLEMENTAL
COMPLAINT

INTRODUCTION

1. In December 2007, the Court ruled in this case that Defendant U.S. Fish and Wildlife Service acted unlawfully in determining that Endangered Species Act listing of the greater sage-grouse was “not warranted,” due to improper political interference in the listing process and the Service’s arbitrary treatment of the best available science showing that sage grouse populations and habitats are deeply imperiled. See Docket No. 118. The Court remanded for the Service to make a new Endangered Species Act listing determination; and approved remand stipulations in which Plaintiff Western Watersheds Project agreed that the Service could delay the listing decision to take into account the latest sage-grouse science, as reported in a Studies for Avian Biology “Monograph” being prepared by leading sage-grouse researchers. See Docket Nos. 130, 137 & 183.

2. Based on that Monograph and other best available science, the Service announced on March 5, 2010 its new finding that ESA listing of greater sage-grouse is “warranted” under the ESA, because of the many threats facing sage-grouse populations and their sagebrush habitats – particularly habitat fragmentation from energy development, livestock grazing, infrastructure, fires, weed invasions, and climate change impacts. See U.S. Fish and Wildlife Service, “Endangered and Threatened Wildlife and Plants: 12-Month Findings for Petitions to List the Greater Sage-Grouse (Centrocercus urophasianus) As Threatened or Endangered,” available at http://www.fws.gov/mountain-prairie/species/birds/sagegrouse/FR03052010.pdf (hereafter, “March 2010 Finding”).

3. Yet despite these scientific findings acknowledging that the sage-grouse qualifies for listing as an endangered or threatened species, the Service is perpetuating its unlawful refusal to protect sage-grouse under the ESA. In the March 2010 Finding, the Service determined not to proceed with a proposed listing rule for the greater sage-grouse, asserting that its own
bureaucratic backlog and lack of resources supposedly preclude it from moving forward with an ESA listing rule for the sage-grouse this year.

4. This “precluded” determination relegates the sage-grouse to the long list of ESA “candidate” species – a black hole from which few species ever emerge, and under which they receive no ESA protection – and represents yet another non-scientific, politicized, and arbitrary determination that prevents the sage-grouse from obtaining the ESA protection that it urgently
needs.

4. [sic] As alleged below, the Court must reject the Service’s “precluded” finding as being arbitrary, capricious, and contrary to law. The Service cannot justify its refusal to proceed with a sage-grouse listing based on its own bureaucratic listing backlog and other grounds cited in the March 2010 Finding – particularly when the Service has already invested the bulk of the resources needed for a sage-grouse listing in rendering the March 2010 Finding; and when the Service has already been found by this Court (and many others) to have repeatedly violated the ESA in not proceeding to list sage-grouse and other species as directed by Congress. Moreover, the Service has abjectly failed to make expeditious progress in addressing the large backlog of species that warrant ESA protection; and it is relying on improper budgetary and other excuses to avoid proceeding with the greater sage-grouse listing, contrary to the ESA’s statutory requirements and without rational justification.

5. Plaintiff Western Watersheds Project thus brings this First Supplemental Complaint to challenge the “precluded” part of the Service’s March 1010 Finding that ESA listing of greater sage-grouse is “warranted, but precluded,” as being arbitrary, capricious, and contrary to law. WWP asks the Court to quickly review and reverse that “precluded” determination, and remand with instructions for the Service to promptly publish a proposed listing rule within a set deadline, so that greater sage-grouse can finally receive the ESA protections that science – and the Service’s own “warranted” determination – show are necessary
to prevent this icon of the sagebrush sea from declining further toward extinction.

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Good AP Article:

Group challenges sage grouse finding

By MEAD GRUVER Associated Press Writer
Posted: 03/08/2010 03:07:51 PM PST
Updated: 03/08/2010 05:43:58 PM PST

CHEYENNE, Wyo.—An environmental group is challenging plans by the Interior Department to classify sage grouse as merely a candidate for protection under the Endangered Species Act and not list the bird as threatened or endangered.

The department announced Friday that federal protection as an endangered or threatened species is warranted but precluded by higher priorities—species deemed in more dire need of protection right now.

Western Watersheds questioned that finding in a supplemental complaint filed Monday in U.S. District Court in Boise, Idaho.

"The sage grouse is, in our judgment, as qualified as any species on the candidate list for the protections of the act," Jon Marvel, director of Western Watersheds, said Monday. "Of course they should be acting on all of these species, and why
aren't they?"

The new complaint calls the candidate species list "a black hole from which few species ever emerge, and under which they receive no ESA protection." The decision to put the sage grouse on the list was "arbitrary, capricious and contrary to law," the
group claims.

An Interior spokeswoman declined to comment because the matter is being litigated.

Western Watersheds sued in 2006 over a previous decision not to list sage grouse. U.S. District Judge B. Lynn Winmill found that the earlier decision was politically motivated and told the department to reevaluate, leading to Friday's announcement.

A supplemental complaint is filed to bring forth facts and claims that happen after an initial complaint in a case, said Laird Lucas, a Western Watersheds attorney.

The notion that sage grouse aren't a high priority for protection is implausible after the government spent considerable time and money studying whether they deserved protection, Lucas said
"They can't now claim they don't have the money to
move forward. It does not make sense," Lucas said.

"And that, to me, says really it is a political determination at the end." . . . .


To read entire article, See:
http://www.mercurynews.com/breaking-news/ci_14635602?nclick_check=1
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SEE ALSO:

F&WS Notice of 12–month petition findings

SUNDAY, MARCH 7, 2010
Hells Canyon Springing & Purgatory for Sage Grouse
and,
THURSDAY, FEBRUARY 11, 2010
Environmental issues: Sage Grouse; Grazing Fee

Sunday, March 7, 2010

Hells Canyon Springing & Purgatory for Sage Grouse

In This Issue:

- Spring Has Sprung in Hells Canyon

- Obama Administration Sentences Sage Grouse to "Purgatory"

[Edited 3/8/10]
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Hells Canyon:

A Hells Canyon Reflection

Dutchman's Breeches at Hells Canyon


I've been thinking more seriously about spring for the last week, culminating in a five day exploratory trip to the Hells Canyon country between between Oxbow and Hells Canyon Dam. The result is, that I am just now posting some info from environmental organizations and other sources on the "better than nothing. " near purgatory status given to the actually endangered Greater Sage Grouse this last Friday, March 5th. The links and other information about the sage grouse decision can be found immediately below the next photo of Dutchman's Breeches, which is a very early and immensely attractive perennial wildflower related to the native and ornamental Bleeding Hearts found in Baker City back yards. It can be found in the side canyons of the Snake River of Oregon and Idaho, and is also found in Washington state here in the North West. Elsewhere, it is very widely distributed from the mid-west, south to Georgia, but not in our other western states.

Other early spring wildflowers that can be found blooming in Hells Canyon right now are Lomatiums, Yellow Bells, Sagebrush Bluebells, Sagebrush Buttercup, and what I think might be Arabis crucisetosa, a comparatively small and delicate "rock cress." I'll try to post some photos of those plants in a later post.

Dutchman's Breeches at Hells Canyon
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Obama/Salazar Send Sage Grouse to the Old Species Nursing Home, or is that Purgatory?

“warranted but precluded” is sort of the endangered species Newspeak equivalent of an old folks nursing home or hospice, where endangered species lie around without care in a sort of political purgatory. During this period, the powerful interests, like ranchers and energy companies, who have been the largest contributors to the species' decline, continue their destructive and sinful ways with half-hearted, often laughable, "mitigation," all the while praying alternately for the species' improbable survival on small reservations, or for their ultimate demise.

Greater Sage-grouse Warranted…but Precluded from ESA Protection
For immediate release - March 5, 2010


Contact:
Jon Marvel, Executive Director, Western Watersheds Project - 208-788-2290
 
Laird Lucas, Executive Director, Advocates for the West - 208-870-7621
 
Mark Salvo, Director, Sagebrush Sea Campaign - 503-757-4221
 
Katie Fite, Biodiversity Director, Western Watersheds Project - 208-429-1679

Seven years after conservationists petitioned to protect greater sage-grouse under the Endangered Species Act, Secretary of the Interior Ken Salazar announced today that the species is “warranted but precluded” from listing under the Act. The grouse will now join more than 270 imperiled species on the list of “candidate species” under the ESA. The decision marks the agency’s second attempt to assess the species for listing after the Bush Administration published an ecologically flawed, politically tainted decision not to list the grouse in 2005.

“We were right, the Bush Administration was wrong,” said Mark Salvo, Director of the Sagebrush Sea Campaign. “The sage-grouse is in trouble.”

The greater sage-grouse is a charismatic bird that lives in sagebrush steppe in eleven western states. First described by Lewis and Clark in 1805, nineteenth century travelers and settlers reported seeing huge flocks of sage-grouse that darkened the sky as they lifted from valley floors. However, westward expansion and development over the next 200 years eliminated almost half of sagebrush habitat. The total sage-grouse population, estimated between 140,000-500,000 birds, has declined between 69-99 percent from historic levels.

“The action by Secretary Salazar and the U.S. Fish and Wildlife Service comes years too late as hundreds of thousands of acres of sage-grouse habitat have been permanently altered or reduced in value for this charismatic native species since the initial petition for listing,” said Dr. Clait Braun, Director of Grouse, Inc. “Some populations are already at the brink of extirpation in each of the states where this species persists.” Dr. Braun, retired Avian Research Program Manager for the Colorado Division of Wildlife, has been involved with sage-grouse research and management since 1973.

Myriad human activities in the Sagebrush Sea have decimated sage-grouse habitat, including livestock grazing, oil and gas development, agricultural conversion, application of herbicides and pesticides, unnatural fire, urban sprawl, mining, off-road vehicle use, and the placement and construction of utility corridors, roads and fences.

The only way sage-grouse will survive is if large areas of the sagebrush sea are left undeveloped, and chronic disturbances like livestock grazing are removed from those areas,” said Katie Fite, Biodiversity Director for Western Watersheds Project. “This sad delay will make it much more difficult to effectively conserve this magnificent bird.”

The Fish and Wildlife Service’s finding indicates that current conservation efforts are failing to conserve sage-grouse. The grouse’s new status as a candidate species may require agencies such as the Bureau of Land Management to revise their land use plans on public land to improve habitat for sage-grouse and other sagebrush species.

“I look forward to making a careful review of the U.S. Fish and Wildlife Service’s reasons for this decision for sage grouse,” said Jon Marvel, Executive Director of Western Watersheds Project. “That review will determine if further litigation is needed to bring the agency into compliance with the law.”

The Sagebrush Sea Campaign, a program of WildEarth Guardians, was the lead petitioner to list the greater sage-grouse under the Endangered Species Act. Western Watersheds Project, a western conservation organization, successfully litigated a remand of the negative listing decision in 2007. Advocates for the West represented Western Watersheds Project in federal court. More than twenty conservation groups joined the petition to list sage-grouse under the ESA in 2003.
Resources

Video and images of sage-grouse, factsheets on sage-grouse and the Sagebrush Sea, and maps of sage-grouse range and land use in the West are posted at
www.sagebrushsea.org.
--

March 5, 2010
New York Times
No Endangered Status for Plains Bird
By JOHN M. BRODER
WASHINGTON — The Interior Department said Friday that the greater sage grouse, a dweller of the high plains of the American West, was facing extinction but would not be designated an endangered species for now.

Yet the decision in essence reverses a 2004 determination by the Bush administration that the sage grouse did not need protection, a decision that a federal court later ruled was tainted by political tampering with the Interior Department’s scientific conclusions.

Interior Secretary Ken Salazar, a conservative Democrat from a Colorado ranching family, sought to carve a middle course between conservationists who wanted ironclad protections for the ground-hugging bird and industry interests and landowners who sought the ability to locate mines, wells, windmills and power lines in areas where the grouse roam.

Mr. Salazar said that scientists at the United States Fish and Wildlife Service had concluded that the sage grouse deserved inclusion on the endangered species list but that other species were facing more imminent threats, leading the government to assign the bird a status known as “warranted but precluded.”

As a compromise measure, he said, the bird will be placed on the list of “candidate species” for future inclusion on the list and its status will be reviewed yearly.

The middle-ground decision is typical of Mr. Salazar’s stewardship at the Interior Department, where he has tried to mediate between competing energy and environmental interests. Like many previous decisions, including compromises on oil drilling in Utah and habitat protection for the polar bear in the Arctic, Mr. Salazar’s action left both sides somewhat disgruntled.

Residential building and energy development have shrunk the sage grouse habitat over the past several decades, causing its population in 11 Western states to dwindle from an estimated 16 million 100 years ago to 200,000 to 500,000 today.

“The sage grouse’s decline reflects the extent to which open land in the West has been developed in the last century,” Mr. Salazar said in a statement. “This development has provided important benefits, but we must find common-sense ways of protecting, restoring and reconnecting the Western lands that are most important to the species’ survival while responsibly developing much-needed energy resources.”

He said that state resource agencies would be instructed to take stronger steps to preserve the sagebrush where the birds live. Federal wildlife and lands agencies will oversee those efforts.

In 2004, the Bush administration Interior Department decided against listing the sage grouse as endangered or threatened, despite reports from agency scientists that the bird and its habitat were in jeopardy. Three years later, a federal judge ruled that a senior Interior Department political appointee, Julie MacDonald, had intimidated agency scientists and overruled their findings. She later resigned from the department over several similar incidents.

The judge ordered the department to review the sage grouse decision, which led to Friday’s announcement.

A group of lawmakers from Western states had strongly urged Mr. Salazar to keep the sage grouse off the endangered species list, saying that the states had made significant progress in protecting its habitat. They said adding the bird to the list would hurt ranchers and energy producers who need access to sagebrush-covered lands that would be off limits under the listing.

“Today’s unnecessary federal designation is one more on a growing list of examples that this administration places environmental special interests before job creation,” Representative Rob Bishop, Republican of Utah, said Friday.

“Not only is today’s announcement a direct attack on the hundreds of Western communities that depend on access to federal lands for ranching, livestock, mining and energy production, it also could potentially destroy opportunities for development of our renewable resources,” he said.

Representative Jason Chaffetz, another Utah Republican, has been more pungent in his opinion. “The only good place for a sage grouse to be listed is on the menu of a French bistro,” he said recently. “It does not deserve federal protection, period.”

Brian Rutledge, Rocky Mountain regional director for the Audubon Society, said he agreed with Mr. Salazar that other species were facing greater danger. But he said he hoped the decision to make the sage grouse a candidate for endangered species protection would mean that state and federal agencies would act much more aggressively to protect the bird’s threatened habitat.

“We’ve already achieved 50 percent total destruction of the sagebrush ecosystem and a large part of what’s left we’ve seriously compromised,” he said. “We have been told clearly that the science tells us this bird is in trouble. This is an absolute straightforward clarion call for us to pull together to save it.”

As for Mr. Chaffetz’s suggestion, Mr. Rutledge said: “All I can say is he never tasted a sage grouse; they taste horrible. It’s like eating sagebrush.”

Asked how he knew that, Mr. Rutledge responded, “Anecdotally.”

Monday, March 1, 2010

Hedges: Ralph Nader Was Right About Barack Obama

Ralph Nader Was Right About Barack Obama

http://www.informationclearinghouse.info/article24889.htm

Posted on Mar 1, 2010

By Chris Hedges

We owe Ralph Nader and Cynthia McKinney an apology. They were right about Barack Obama. They were right about the corporate state. They had the courage of their convictions and they stood fast despite wholesale defections and ridicule by liberals and progressives.

Obama lies as cravenly, if not as crudely, as George W. Bush. He promised us that the transfer of $12.8 trillion in taxpayer money to Wall Street would open up credit and lending to the average consumer. The Federal Deposit Insurance Corp. (FDIC), however, admitted last week that banks have reduced lending at the sharpest pace since 1942. As a senator, Obama promised he would filibuster amendments to the FISA Reform Act that retroactively made legal the wiretapping and monitoring of millions of American citizens without warrant; instead he supported passage of the loathsome legislation. He told us he would withdraw American troops from Iraq, close the detention facility at Guantánamo, end torture, restore civil liberties such as habeas corpus and create new jobs. None of this has happened.

He is shoving a health care bill down our throats that would give hundreds of billions of taxpayer dollars to the private health insurance industry in the form of subsidies, and force millions of uninsured Americans to buy insurers’ defective products. These policies would come with ever-rising co-pays, deductibles and premiums and see most of the seriously ill left bankrupt and unable to afford medical care. Obama did nothing to halt the collapse of the Copenhagen climate conference, after promising meaningful environmental reform, and has left us at the mercy of corporations such as ExxonMobil. He empowers Israel’s brutal apartheid state. He has expanded the war in Afghanistan and Pakistan, where hundreds of civilians, including entire families, have been slaughtered by sophisticated weapons systems such as the Hellfire missile, which sucks the air out of victims’ lungs. And he is delivering war and death to Yemen, Somalia and perhaps Iran.

Your "Hope and Change"

The illegal wars and occupations, the largest transference of wealth upward in American history and the egregious assault on civil liberties, all begun under George W. Bush, raise only a flicker of tepid protest from liberals when propagated by the Democrats. Liberals, unlike the right wing, are emotionally disabled. They appear not to feel. The tea-party protesters, the myopic supporters of Sarah Palin, the veterans signing up for Oath Keepers and the myriad of armed patriot groups have swept into their ranks legions of disenfranchised workers, angry libertarians, John Birchers and many who, until now, were never politically active. They articulate a legitimate rage. Yet liberals continue to speak in the bloodless language of issues and policies, and leave emotion and anger to the protofascists. Take a look at the 3,000-word suicide note left by Joe Stack, who flew his Piper Cherokee last month into an IRS office in Austin, Texas, murdering an IRS worker and injuring dozens. He was not alone in his rage.

“Why is it that a handful of thugs and plunderers can commit unthinkable atrocities (and in the case of the GM executives, for scores of years) and when it’s time for their gravy train to crash under the weight of their gluttony and overwhelming stupidity, the force of the full federal government has no difficulty coming to their aid within days if not hours?” Stack wrote. “Yet at the same time, the joke we call the American medical system, including the drug and insurance companies, are murdering tens of thousands of people a year and stealing from the corpses and victims they cripple, and this country’s leaders don’t see this as important as bailing out a few of their vile, rich cronies. Yet, the political ‘representatives’ (thieves, liars, and self-serving scumbags is far more accurate) have endless time to sit around for year after year and debate the state of the ‘terrible health care problem’. It’s clear they see no crisis as long as the dead people don’t get in the way of their corporate profits rolling in.”

The timidity of the left exposes its cowardice, lack of a moral compass and mounting political impotence. The left stands for nothing. The damage Obama and the Democrats have done is immense. But the damage liberals do the longer they beg Obama and the Democrats for a few scraps is worse. It is time to walk out on the Democrats. It is time to back alternative third-party candidates and grass-roots movements, no matter how marginal such support may be. If we do not take a stand soon we must prepare for the rise of a frightening protofascist movement, one that is already gaining huge ground among the permanently unemployed, a frightened middle class and frustrated low-wage workers. We are, even more than Glenn Beck or tea-party protesters, responsible for the gusts fanning the flames of right-wing revolt because we have failed to articulate a credible alternative.

A shift to the Green Party, McKinney and Nader, along with genuine grass-roots movements, will not be a quick fix. It will require years in the wilderness. We will again be told by the Democrats that the least-worse candidate they select for office is better than the Republican troll trotted out as an alternative. We will be bombarded with slick commercials about hope and change and spoken to in a cloying feel-your-pain language. We will be made afraid. But if we again acquiesce we will be reduced to sad and pathetic footnotes in our accelerating transformation from a democracy to a totalitarian corporate state. Isolation and ridicule—ask Nader or McKinney—is the cost of defying power, speaking truth and building movements. Anger at injustice, as Martin Luther King wrote, is the political expression of love. And it is vital that this anger become our own. We have historical precedents to fall back upon.

“Here in the United States, at the beginning of the twentieth century, before there was a Soviet Union to spoil it, you see, socialism had a good name,” the late historian and activist Howard Zinn said in a lecture a year ago at Binghamton University. “Millions of people in the United States read socialist newspapers. They elected socialist members of Congress and socialist members of state legislatures. You know, there were like fourteen socialist chapters in Oklahoma. Really. I mean, you know, socialism—who stood for socialism? Eugene Debs, Helen Keller, Emma Goldman, Clarence Darrow, Jack London, Upton Sinclair. Yeah, socialism had a good name. It needs to be restored.”

Social change does not come through voting. It is delivered through activism, organizing and mobilization that empower groups to confront the hegemony of the corporate state and the power elite. The longer socialism is identified with the corporatist policies of the Democratic Party, the longer we allow the right wing to tag Obama as a socialist, the more absurd and ineffectual we become. The right-wing mantra of “Obama the socialist,” repeated a few days ago to a room full of Georgia Republicans, by Newt Gingrich, the former U.S. speaker of the House, is discrediting socialism itself. Gingrich, who looks set to run for president, called Obama the “most radical president” the country had seen in decades. “By any standard of government control of the economy, he is a socialist,” Gingrich said. If only the critique were true.

The hypocrisy and ineptitude of the Democrats become, in the eyes of the wider public, the hypocrisy and ineptitude of the liberal class. We can continue to tie our own hands and bind our own feet or we can break free, endure the inevitable opprobrium, and fight back. This means refusing to support the Democrats. It means undertaking the laborious work of building a viable socialist movement. It is the only alternative left to save our embattled open society. We can begin by sending a message to the Green Party, McKinney and Nader. Let them know they are no longer alone.

Saturday, February 27, 2010

Baker Birds and a Few Interesting Articles

In this Issue:

- Hardy Spring Bird Arrivals and Harassment of Bald Eagles

- PolluterHarmony- #1 matchmaking site for polluters, industry lobbyists, & politicians!
(Must see humorous video)

- Glenn Greenwald on Health Care Plan without Public Option

- Krugman on the"Health Care Summit" and the Republican Plan

- Supreme Court Decision on Corporate Campaign Spending

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Hardy Spring Bird Arrivals and Harassment of Bald Eagles

The mild winter may be responsible for people witnessing birds arriving back to Baker County earlier than usual this year.

Take all this with several grains of salt, as it is certainly not a scientifically designed study ( we are talking anecdotal), but....

Last year I saw my first Red-winged Blackbirds on February 20th, in 2007 I saw them on February 9th, in 2006 I saw them on February 2nd, this year I have seen large flocks (60 or more) around the valley since January 11th.
Red-winged Blackbird

I saw my first Mountain Blue Bird in 2006 on March 19th, in 2008 I first saw them on March 5th, but this year I saw them on February 14, and three more on February 23rd up on Houghton Creek Road.
Mountain Bluebird

The Say's Phoebe is a hardy flycatcher fist recorded in Oregon back in 1838 by John James Audubon. In "The Birds of Oregon" (Jewett and Gabrielson, 1940) it is described as ". . . a hardy species that starts its northward movement almost as soon as do the Robins and Bluebirds." They report it being recorded as early as February 28th in Wallowa County. The birds can be seen perched on fences and telephone wires in hot open country, often near old dilapidated abandoned buildings where they like to build nests. I saw my first Say's Phoebe in 2006 on February 25th, but this year I saw one on February 14.


Robins are appearing now in hordes along the Burnt River between Bridgeport and Unity Reservoir--at least a thousand were there on the 18th.
American Robin

Also saw my first winter Ferruginous Hawk on February 1, in Baker Valley (never identified one here in winter previously, although they probably were here). They are the largest of our Buteos, a bird of the sagebrush country and grassy plains of the West, preying on ground squirrels and other small rodents. They are truly an American buteo, with much of their summer breeding, year-round, and winter ranges right here in the western U.S. I rarely see them except down to the west of Huntington in Baker County, and their population seems to be on a downward trend.

Ferruginous Hawk

The differences in dates could be due to happenstance, but I do get out and about quite a bit. At a minimum, it is likely due to the mild winter, but others have interpreted the earlier arrivals and northward push in the range of many species as being related to climate change/global warming. I personally don't have enough data for Baker County to conclude that is the case, but it is tempting.

Bald Eagles on Eagle Creek
Bald Eagles Roosting on Eagle Creek, February 15th.

On February 15th, I counted 33 Bald Eagles in Richland roosting at the confluence of Eagle Creek and the Powder River (16 in one tree). Unfortunately, shortly thereafter, some yahoo beer drinking ranch hands started shooting with a rifle in that general direction from the Powder River bridge (into what is now an Idaho Power "preserve") at the west end of the reservoir, and the eagles were flying off their roosts at 4:35 PM after hearing the gunfire. Friends who live in Richland told me that on Thursday, they saw only 6 on the roosts at that time until 5 PM when they left. ODFW informed me this week that both Golden Eagles and Red-tailed Hawks were found shot to death beneath those same trees in 2009.
Baker County Bald Eagle
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PolluterHarmony- #1 matchmaking site for polluters, industry lobbyists, & politicians!
(From a Friend In Union County)

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Glenn Greenwald on Reconciliation, Democrats Dumping the Public Option, and Obama's Sidelining of Kucinich and other Health Care Progressives:

Glenn Greenwald: Dems Hiding Behind Filibuster to Justify Political Inaction on Public Option

AMY GOODMAN: Can you respond first to Senator Lindsey Graham?

GLENN GREENWALD: Well, the idea that reconciliation is some sort of unique or exotic instrument in the Senate is just so blatantly false, and it’s not really hard to see why that’s so. Reconciliation is nothing more than a longstanding Senate rule that allows for certain measures to pass with fifty-one votes and can bypass the filibuster.

The Republicans have used reconciliation repeatedly when they were in the majority. In fact, Judd Gregg, in 2005, went to the floor of the Senate and gave a vigorous speech attacking Democrats for the suggestion that there was something inappropriate about it. He said it was just a standard rule of the Senate, it’s nothing more than majority rule.
Many healthcare provisions in the past have been enacted through reconciliation, including COBRA and the Children’s Health Insurance Program.

So the idea that there’s something anti-democratic about passing a bill with the support of fifty-one elected senators is extraordinarily Orwellian, and the case of the Republicans’ criticism is incredibly hypocritical.

JUAN GONZALEZ: But the argument that obviously the healthcare legislation is such a huge piece of legislation and involves such a fundamental change in the way that the government provides services to the people, what about that argument that reconciliation should not be used?

GLENN GREENWALD: Well, I think there have been other examples in the past. As I said, COBRA was an extraordinarily significant change to the way in which we provide healthcare coverage, requiring employers to allow continuing coverage after employees leave or are fired. Certainly, the Children’s Health Insurance Program drastically expanded healthcare coverage in the United States. There have been enormous tax cuts for the wealthy under the Bush administration that didn’t have sixty votes, but had fifty votes, and were done through reconciliation, an extraordinary transfer of wealth in this country.
So there’s no magnitude test or any other size requirement, invented now by the Republicans, and by some Democrats, to justify avoiding reconciliation in order to bring real reform.

AMY GOODMAN: Talk about President Obama and the public option.

GLENN GREENWALD: Well, to me, the way in which the Democrats have conducted themselves concerning the public option is really quite amazing, not because of what they’ve done, but because of how blatant they’re being about it.
The public option, of course, all along was already a compromise from what most progressives wanted, who wanted single payer and were told by most Democratic politicians for a long time that single payer was the optimal course. The public option was already a means of doing nothing other than at least providing some competition to the private health insurance industry. And all year long, Democratic senators and the White House pretended that they were in favor of the public option. They kept insisting, “We’re behind the public option. We want the public option,” even though there was all sorts of evidence that the White House was secretly negotiating with the health insurance industry to make sure that it would be excluded from the final bill.
AMY GOODMAN: What kind of evidence?

GLENN GREENWALD: Well, they’re the fact that senators ended up saying that in private meetings with the White House, it was made clear to them that the public option was not something that was a priority for the White House and that they would end up happy to see it gone. Health insurance lobbyists were coming in and out of the White House. And the reason they didn’t end up vigorously opposing healthcare reform was because there would be no competition for the private health insurance industry in the form of the public option. And, of course, the final bill didn’t have a public option, and the White House did nothing to support it.

But what’s most incredible was that the excuse that they gave to progressives was that the reason that we couldn’t have a public option was because there were fifty Democratic senators, or fifty-one Democratic senators, who supported it, but there weren’t sixty, and because of the filibuster rule, sadly, the public option just couldn’t get into the bill, and there was just nothing the White House could do, as much as the President wanted that to happen.

Well, now you have a situation where everybody is talking about doing healthcare reform through reconciliation, where only fifty votes, not sixty votes, are required. And what does the President do? He immediately, when he finally unveils his first bill, excludes the public option from the bill, even as he says we’re going to use a process that will only require fifty votes. And you even saw Senator Jay Rockefeller, who spent the year pretending to be so devoted to the public option that he said he will not relent in ensuring that it gets passed, that there is no healthcare reform without a public option, now that it can actually pass and become a reality, he turns around and says, “I’m not inclined to vote for it in reconciliation.”

This is what Democrats do. They use the filibuster rule as an excuse to their supporters to justify their inaction. They’ve been doing this for years. And now that the sham is exposed, because they’re really going to pass healthcare reform with fifty votes, they just turn around and so blatantly say, “Well, actually, we’ve been telling you all year we have fifty votes for a public option. Even now that we only need fifty votes, we’re still not going to do it.” It’s really quite extraordinary.

AMY GOODMAN: I’m going to ask you about single payer, but first we’re going to break. Glenn Greenwald, constitutional law attorney and blogger at Salon.com. We’ll be back with him in a minute.
[break]

AMY GOODMAN: Our guest is Glenn Greenwald, constitutional law attorney and blogger for Salon.com.
As we talk about the healthcare debate and other issues, I want to read you a quote from Quentin Young, the national coordinator of the National Health—Physicians for a National Health Program. He was talking about the fact that PNHP was not invited to this bipartisan healthcare summit. He said in this quote, “Similarly, requests from Reps. Dennis Kucinich [of Ohio,] Anthony Weiner of New York and Peter Welch of Vermont that single-payer advocates be included in the meeting have apparently gone unanswered.”

There is a lot of hoopla over this being bipartisan. That isn’t to be confused with representing different options.

GLENN GREENWALD: Well, first of all, one of the things that’s most amazing is that single payer and the public option both poll infinitely better than the healthcare bill itself, than the Senate healthcare bill that the President is advocating. And despite that, what you see all the time when they talk about bipartisanship is shifting the terms of the debate onto, essentially, the right-wing playing field to accommodate Republican views, which basically means there should be no healthcare reform, and excluding views that are to the left of anything that is essentially a conservative idea.
And so, Anthony Weiner and Dennis Kucinich have both been the leading—two of the leading participants in the healthcare debate from the very start, but because they want to move the healthcare debate into the area that’s actually popular, which is providing either single payer or at least a robust public option, they’re excluded from the start. And this is the Democratic White House excluding anything to the left of conservative ideas in defining what the scope of the debate is. And, of course, that’s something that happens in issue after issue.


See the whole video segment:


See also:
Healthcare Summit Ends in Deadlock; Single-Payer Advocates Excluded (<-for Text)
Video

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Krugman on the"Health Care Summit" and the Republican Plan

". . . . What really struck me about the meeting, however, was the inability of Republicans to explain how they propose dealing with the issue that, rightly, is at the emotional center of much health care debate: the plight of Americans who suffer from pre-existing medical conditions. In other advanced countries, everyone gets essential care whatever their medical history. But in America, a bout of cancer, an inherited genetic disorder, or even, in some states, having been a victim of domestic violence can make you uninsurable, and thus make adequate health care unaffordable.

One of the great virtues of the Democratic plan is that it would finally put an end to this unacceptable case of American exceptionalism. But what’s the Republican answer? Mr. Alexander was strangely inarticulate on the matter, saying only that “House Republicans have some ideas about how my friend in Tullahoma can continue to afford insurance for his wife who has had breast cancer.” He offered no clue about what those ideas might be.

In reality, House Republicans don’t have anything to offer to Americans with troubled medical histories. On the contrary, their big idea — allowing unrestricted competition across state lines — would lead to a race to the bottom. The states with the weakest regulations — for example, those that allow insurance companies to deny coverage to victims of domestic violence — would set the standards for the nation as a whole. The result would be to afflict the afflicted, to make the lives of Americans with pre-existing conditions even harder.

Don’t take my word for it. Look at the Congressional Budget Office analysis of the House G.O.P. plan. That analysis is discreetly worded, with the budget office declaring somewhat obscurely that while the number of uninsured Americans wouldn’t change much, “the pool of people without health insurance would end up being less healthy, on average, than under current law.” But here’s the translation: While some people would gain insurance, the people losing insurance would be those who need it most. Under the Republican plan, the American health care system would become even more brutal than it is now.

So what did we learn from the summit? What I took away was the arrogance that the success of things like the death-panel smear has obviously engendered in Republican politicians. At this point they obviously believe that they can blandly make utterly misleading assertions, saying things that can be easily refuted, and pay no price. And they may well be right
."
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Supreme Court Decision on Corporate Campaign Spending-
New Poll


If the Congress and State Legislatures weren't so corroded by the corruption of corporate money, a recent Washington Post-ABC News poll indicates that public opposition to the Supreme Court Decision on corporate campaign spending is so great that a responsive democratic government would have a good chance of passing a constitutional amendment to overturn it. Unfortunately, the Congress, and increasingly, the State Legislatures, three-fourths of whom would have to approve a constitutional amendment if it got through Congress, are owned lock, stock, and barrel by corporate interests. The fact that a particular issue is strongly supported or opposed by their constituents rarely seems to phase them any more. Witness the demise of the very popular single payer/Medicare for all and Public Option proposals for health care reform and the continued ineffective action to significantly reduce mass immigration.

Poll: Large majority opposes Supreme Court's decision on campaign financing

By Dan Eggen
Washington Post Staff Writer
Wednesday, February 17, 2010

"Americans of both parties overwhelmingly oppose a Supreme Court ruling that allows corporations and unions to spend as much as they want on political campaigns, and most favor new limits on such spending, according to a new Washington Post-ABC News poll.

Eight in 10 poll respondents say they oppose the high court's Jan. 21 decision to allow unfettered corporate political spending, with 65 percent "strongly" opposed. Nearly as many backed congressional action to curb the ruling, with 72 percent in favor of reinstating limits.

The poll reveals relatively little difference of opinion on the issue among Democrats (85 percent opposed to the ruling), Republicans (76 percent) and independents (81 percent).

The results suggest a strong reservoir of bipartisan support on the issue for President Obama and congressional Democrats, who are in the midst of crafting legislation aimed at limiting the impact of the high court's decision.
" (See link above for rest of article)
--
Udall, Dodd Propose Constitutional Amendment to Reverse Ruling on Corporate Electioneering
from Democracy Now! 2/25/10:

In other news from Washington, Democratic Senators Tom Udall of New Mexico and Chris Dodd of Connecticut have introduced a constitutional amendment to reverse the Supreme Court ruling allowing corporations to spend unlimited amounts of money to elect and defeat candidates. In a five-to-four decision last month, the Court overturned century-old restrictions on corporations, unions and other interest groups from using their vast treasuries to advocate for a specific candidate. The Udall-Dodd measure would allow for government regulation of campaign fundraising and spending at the federal and state level.

Saturday, February 20, 2010

Obama to create new national monuments?

From RangeNet

By George Wuerthner , 2-19-10

Introduction:

A short list (below) describing the Obama Administration’s short list of potential new national monuments was leaked to the media this week. I had heard rumors that this was being considered as early as November when I had a private conversation with a top BLM administer, so I was not surprised by the “announcement.”

The areas under consideration for new national monument status subject to public support and other considerations include the following lands, Owyhee Canyons, Montana Plains, Otero Mesa, San Rafael Swell, Northern Sonoran Desert, Cascades Siskiyou, Vermillion Basin, Lesser Prairie Chicken, Berrysessa-Snow Mountain, Heart of the Great Basin, Bodie Hills, Modoc Plateau, Cedar Mesa, and San Juan Islands.

At one time or another I have visited nearly all the proposed national monuments and each has its special values that make them worthy of protection. Let’s hope the Obama administration follows through on designation of these areas, and even adds a few of the runner up proposals like Bristol Bay, Alaska and Wyoming’s Red Desert.

The Proposed National Monuments:

Otero Mesa in New Mexico: A 1.2 million acre grasslands inhabited by prairie dogs, pronghorn, and other wildlife.

San Rafael Swell, Utah: A wild 40x75 mile mix of canyons, gorges, arches, and buttes that includes 5 wilderness study areas, this place has long been considered for national park status. I’ve wandered some of the canyons on the fringes of this area including Little Wildhorse Canyon, an area with narrow slot canyons.

Owyhee Canyonlands in Oregon and Nevada: The adjacent Idaho portions of this canyon complex was given some partial protection by legislation last year, but Nevada and Oregon sections of this area remain unprotected. I worked the BLM searching for rare plants in this extremely remote part of the West, and often went days without seeing another soul. The remote canyons are home to redband trout and California bighorn sheep.

Montana Northern Plains: This would protect the Bitter Creek WSA and other BLM lands which lies just south of the Canadian border and immediately adjacent to Grasslands National Park in Canada. Back in the 1980s, I published a proposal for Montana wildlands that included a 3.5 million acre national park that would have included the BLM lands along the Missouri Breaks, Charles M. Refuge Wildlife Refuge, and the Bitter Creek area, among other public holdings. In essence, this proposal would make that dream a reality by creating a natural connected corridor between the Charles M. Russell National Wildlife Refuge, Missouri Breaks National Monument, and private conservation efforts north of the Missouri River.

Northwest Sonoran Desert, Arizona. The Sonoran Desert, dominated by its signature plant, the saguaro cactus, it is the most diverse of all North American deserts. On-going and escalating ORV abuse, livestock grazing, and other threats, including extended drought perhaps due to global climate change, threatens this unique ecosystem. This proposal would encompass desert lands northwest of Phoenix.

Cascade Siskiyou National Monument expansion, California/Oregon. In 2000 the Cascades Siskiyou National Monument was established in Oregon, but a portion of the area lies in California. This expansion south would include fine examples of oak woodlands and the unique plant assemblages in this region which features vegetation representative of the Great Basin, Klamath Mountains and Cascade Range. There is also discussion of including an expanded boundary in Oregon as well to include the proposed Siskiyou Crest to the west of Ashland. The Siskiyou Crest includes portions of the PCT, the Red Buttes Wilderness, and the Kangeroo Roadless areas, one of the largest unprotected roadless areas in northern California. This is an area I’ve explored on numerous occasions over the years, and can attest to its unique beauty and quality.

Vermillion Basin, Colorado. The Vermillion Basin lies along the Colorado-Wyoming border and bisected by Vermillion Creek, a tributary of the Green River. Part of the area was studied by the BLM for wilderness designation. It is another lonely corner of the West with rugged canyons and sage covered slopes containing important sage grouse habitat. I’ve hiked a few parts of the basin, and did not encounter another person. But this solitude is likely to change in the future since the area is considered a high priority for on-going oil and gas exploration.

Lesser Prairie Chicken, New Mexico: A 58,000 acre area that is home to bluestem grasslands that contain some of the best lesser prairie chicken habitat in the United States.

Berrysessa-Snow Mountain, California: This 500,000 acre area would include portions of California’s northern Coast Ranges that are the headwaters of Cache Creek, a BLM wilderness area, home to many wintering bald eagles and a growing herd of Tule Elk as well as one of the most diverse botanical communities in the United States. I’ve had the pleasure of hiking Cache Creek and hiking to the summit of Snow Mountain—both areas have outstanding wildlands value, but I was most impressed with the oak woodlands on lower slopes and fir forests at higher elevations.

Heart of the Great Basin, Nevada: This monument would include the Toiyabe, Monitor, and Toquima Ranges. All three ranges have some protected status granted by wilderness designation. This was one of my favorite parts of Nevada which I explored in preparing my Nevada Mountain Ranges book. It contains substantial archeological sites, huge aspen groves, and 12,000 foot peaks.

Bodie Hills, California. Have you ever visited Bodie Ghostown State Park north of Mono Lake, than you have been in the proposed Bodie Hills National Monument. This land of sweeping sage covered hills, home to Mono Basin Sage Grouse, an endangered species. Connecting the Bodie Hills with Mono Lake Scenic Area, plus adjacent recently designated wilderness in the headwaters of the Owen River would make a large interconnected wildlands of national significance.

Modoc Plateau, California. The 3 million acre proposed Modoc Plateau National Monument is another one of those out of the way places in the West where few venture, and is not likely to be on anyone’s to “must see before I die list”. The proposal includes the Skedaddle Mountains on the Nevada-California border, one of the largest unprotected wilderness study areas in the state. Immediately west of the Black Rock Desert complex in northern Nevada, this area, along with the Owyhee Canyonlands, probably contains some of the least visited areas in the American West. One of the things that I’ve particularly enjoyed when I’ve camped out here, is the vast bowl of shining stars at night since this area is far from any major urban light sources.

Cedar Mesa, Utah. The Cedar Mesa area extends from the San Juan River to Elk Ridge on the north borders Grand Gulch on the west and Comb Wash on the east. It includes some of the best canyons in Utah like Mule, Arch, Fish and others, as well as thousands of ancient Native American dwellings and other archeological materials. I once watched cows trampling and destroying ancient walls of an Indian dwelling in Arch Canyon, and have seen plenty of damage from ORVs in Comb Wash. Hopefully national monument designation can bring more protection to this unique part of Utah’s Canyon Country.

San Juan Islands, Washington. The 172 islands and islets that make up Washington’s San Juan Islands lie in Puget Sound north and west of Seattle. The islands lie in the rainshadow the Olympic Mountains and receive some of the lowest annual precipitation on the entire West Coast north of Santa Barbara, California. I have only visited a few of the islands, but enjoy the play of land and sea. The islands and the surrounding ocean is a rich land for marine mammals like orca as well as salmon. There are only 13,389 acres are owned by federal, state or local governments in the islands, so I don’t know exactly which lands might be included in the monument. Hopefully national monument status can add to these public holdings to preserve what is a truly outstanding landscape.

Other areas on short list:

Among areas on the short list which probably will not get national monument designation at this time are Wyoming’s Red Desert, Bristol Bay region and Teshekpuk Lake on the North Slope, both in Alaska. It’s a shame that these three areas are not at the top of the list.

Wyoming’s Red Desert, has been proposed as national park for decades. It includes Adobe Town Badlands, a desert elk herd, and portions of historic trails like the Oregon and Mormon trails. It is threatened by expanding oil and gas development. (Perhaps the reason it is not on the list is due to legislation passed when the Tetons were given protected status that prohibited any new national monuments in Wyoming.)

The Bristol Bay is area that is under threat. The Bay is home to the most famous and largest salmon fisheries in North America, and a proposed gold mine near the headwaters of one of the area rivers could pose a threat to many of these runs.

Finally, Teshekpuk Lake is a well known breeding area for waterfowl located along the Arctic Coast to the west of Prudhoe Bay. Oil development is planned for this area as well.

Land Acquisition and Consolidation:

Other parts of the leaked proposal discuss funding for land trades and targeted land acquisition from willing sellers in several important areas to consulate management. For instance, within the Missouri Breaks National Monument there are approximately 80,000 acres of private lands which the administration believes could be purchased for approximately $24 million. Another area targeted for land acquisition is the Upper Green River Valley of Wyoming where almost 400,000 checker boarded state and private acres are located that could be purchased or exchanged. A third area for consolidation is the John Day River in Oregon and the south slope of the Pioneer Mountains in Idaho near Craters of the Moon National Monument.

What are National Monuments?

National Monuments are similar to national parks in many ways, and raise the profile of an area. Unlike National Parks which must be designated by Congressional legislation, and are only managed by the National Park Service, national monuments can be created by Presidential proclamation under the 1906 Antiquities’ Act. Though most national monuments are under National Park Service administration, five other federal agencies currently manage some of our national monuments. For instance, the Missouri Breaks National Monument in Montana is managed by the BLM and Mount St. Helens Volcano National Monument is managed by the Forest Service.

The Act was first used by Theodore Roosevelt to create Devil’s Tower National Monument in Wyoming in 1906. Roosevelt subsequently expanded upon this first conservation act by designating the Grand Canyon NM, Olympic NM, National Bridges NM, and Pinnacles NM in California, among 18 national monuments he established during his presidency. Many subsequent Presidents have designated new national monuments, including George W. Bush who created five national monuments, though four were off in the middle of the Pacific Ocean where there are no voters and no controversy. Many national monuments are “upgraded” to national park status eventually. For instance, Grand Teton National Park, Death Valley National Park, Katmai National Park were all originally national monuments.

Locals Typically Oppose National Monuments

We will, no doubt, hear some the predictable rhetoric about a “government” take over—even though in nearly every instance, the designation is merely changing management emphasis on lands already owned by the public. Historically, however, national monuments were established over the protests of local people.

For example, Teddy Roosevelt tried in vain to get Congress to protect the Grand Canyon but with no success, So Roosevelt used the Antiquities Act to create a Grand Canyon National Monument over the objections of mining, logging and livestock interests as well as most of the residents of Arizona. The Arizona Congressional Delegation even stopped funding for the national monument as a protest.

Similarly, when Roosevelt established protection for old growth forests in the Olympic Mountains, local timber interests and communities were outraged. When Franklin Roosevelt established Jackson Hole National Monument in the Tetons in 1943, locals protested, and the Wyoming delegation introduced legislation to undesignated the monument.
Eventually the Jackson Hole National Monument was merged with other lands to create Grand Teton National Park. When Bill Clinton and Bruce Babbitt established Grand Staircase Escalante National Monument in southern Utah in 1996, the Utah Congressional delegation and Governor were opposed.

There is a pattern to all these protest. Generally short sighted local attitudes change over time, and national monuments generally enjoy wide spread public support even within the states where public opposition was high. There are few people who live in Wyoming today, for instance, who would vote to undesignated Grand Teton National Park. And on the heavily logged Olympic Peninsula, Olympic National Park retains the bulk of remaining old growth forests and intact salmon streams that is now one of the prime attractions of the region.

Will the Obama Administration go forward with this proposal and ensure a legacy in conservation history? I certainly hope so. If history and the passage of time is any indication, future generations of Americans will thank him for these designations just as millions of Americans now enjoy and are grateful for past President’s use of the Antiquities Act to enshrine many of America’s most iconic landscapes from the Grand Tetons in Wyoming to Glacier Bay in Alaska to Joshua Tree National Park.

George Wuerthner has published 35 books covering many areas of the West, including Nevada Mountain Ranges,Oregon Mountain Ranges, Alaska Mountain Ranges, California Wilderness Areas, among other titles.

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Comment:

I remember Cedar Mesa in Utah's Red Rock Country, the Road Canyon area to be exact, being over-run with starving cows, rib and hip bones almost popping out of their skins, in April of last year. They left the shrub community and cryptogamic/biotic crust in tatters, as the grass, primarily cheat, was at 1 to 1 &1/2 inches. With their calves in tow, they resorted to eating thorny bare salt bush stems.

The heart of the Great Basin is another worthy addition in my mind.

Notably missing is the wind power threatened Steens Mountain Cooperative Management and Protection Area, and adjacent public and state lands, which would seem to be a like a natural addition. --Chris
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Billy Bragg and Wilco-- "The Unwelcome Guest"
By Woodie Guthrie

Yep, Again!

Thursday, February 18, 2010

Odds & Ends: Brian Cole Case and Environmental Issues

In this Issue:

- Brian Cole Case

- ODFW Collars Three Wolves in Imnaha Pack

- HCPC--From the Canyons Blog

- George Wuerthner--Cows Versus Condos--Revisited

- Aldous Huxley Quote From Information Clearing House

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Brian Cole Case

The Baker City Herald (Chris Collins) has done an excellent job of reporting on and staying with the Brian Cole Case.

Here is the article that was posted on the Herald web site yesterday afternoon:

Link: State files new charges against Brian Cole
Written by Chris Collins February 17, 2010 03:34 pm

I haven't had time to look at any court documents that may be available, but the article mentions " four [new] counts of third-degree sexual abuse involving a 17-year-old girl against former Baker County Commission Chair Brian Cole."

I do know that Brian Cole has cleared out his Orbis Group office in Basche-Sage Place. Brian Cole employed the 17 year old at that office.

Oregon defines third degree sexual abuse as follows:

"163.415 Sexual abuse in the third degree. (1) A person commits the crime of sexual abuse in the third degree if the person subjects another person to sexual contact and:
(a) The victim does not consent to the sexual contact; or
(b) The victim is incapable of consent by reason of being under 18 years of age.
(2) Sexual abuse in the third degree is a Class A misdemeanor. [1971 c.743 §115; 1979 c.489 §1; 1991 c.830 §1; 1995 c.657 §11; 1995 c.671 §9]
"


Sex crime Definitions:
181.594 Definitions.
(5) “Sex crime” means:
(a) Rape in any degree;
(b) Sodomy in any degree;
(c) Unlawful sexual penetration in any degree;
(d) Sexual abuse in any degree;
(e) Incest with a child victim;
(f) Using a child in a display of sexually explicit conduct;
(g) Encouraging child sexual abuse in any degree;
(h) Transporting child pornography into the state;
(i) Paying for viewing a child’s sexually explicit conduct;
(j) Compelling prostitution;
(k) Promoting prostitution;
(L) Kidnapping in the first degree if the victim was under 18 years of age;
(m) Contributing to the sexual delinquency of a minor;
(n) Sexual misconduct if the offender is at least 18 years of age;
(o) Possession of materials depicting sexually explicit conduct of a child in the first degree;
(p) Kidnapping in the second degree if the victim was under 18 years of age, except by a parent or by a person found to be within the jurisdiction of the juvenile court;
(q) Online sexual corruption of a child in any degree if the offender reasonably believed the child to be more than five years younger than the offender;
(r) Any attempt to commit any of the crimes set forth in paragraphs (a) to (q) of this subsection;
(s) Burglary, when committed with intent to commit any of the offenses listed in paragraphs (a) to (q) or (t) of this subsection; or
(t) Public indecency or private indecency, if the person has a prior conviction for a crime listed in this subsection.
(6) “Sex offender” means a person who:
(a) Has been convicted of a sex crime;

(b) Has been found guilty except for insanity of a sex crime;
(c) Has been found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a sex crime;
(d) Is paroled to this state under ORS 144.610 after being convicted in another United States court of a crime that would constitute a sex crime if committed in this state; or
(e) Is paroled to or otherwise placed in this state after having been found by another United States court to have committed an act while the person was under 18 years of age that would constitute a sex crime if committed in this state by an adult.
(7) “Works” or “carries on a vocation” means full-time or part-time employment for more than 14 days within one calendar year whether financially compensated, volunteered or for the purpose of governmental or educational benefit. [Formerly 181.517; 1997 c.538 §2; 1997 c.709 §4; 1999 c.626 §§2,2a; amendments by 1999 c.626 §§25 and 26 repealed by 2001 c.884 §1; 2005 c.483 §1; 2005 c.567 §5; 2005 c.685 §11; 2007 c.876 §6; 2009 c.713 §1]


Note: 181.594 to 181.596 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 181 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

I am unfamiliar with how Oregon law treats "third degree sexual abuse" if it is also accompanied by charges of "furnishing alcohol to a minor." If you would like to comment, send them to me at refugee2000@gmail.com.

Information concerning Oregon law about offenses against persons can be found here:
Chapter 163 — Offenses Against Persons
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ODFW Collars Three Wolves in Imnaha Pack

Russ Morgan, ODFW wolf coordinator, with the female pup radio collared on Feb. 13. (ODFW Photo)

Here is the press release from ODFW:
Three Imnaha pack wolves collared


Russ Morgan, ODFW wolf coordinator, with the 97-pound male wolf collared Feb. 12. (ODFW Photo)
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Hells Canyon Preservation Council: New Blog: "From the Canyons"

Hells Canyon Preservation Council is maintaining a new blog.

You can find it here: From the Canyons.

The most recent blog is on "Columbia River Threatened by Radioactive Waste from Hanford."

"Fifty-three million gallons of high-level radioactive waste have been stored in underground tanks at the Hanford Site and many of these tanks are leaking highly-toxic liquid into the soil."
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Cow or condos a false choice between public lands ranching and sprawl.
From RangeNet, by George Wuerthner

One hears the cows vs condos argument continuously. I wrote this a while ago, but the basic arguments haven't changed. This might be useful to consult the next time you hear the argument that without ranching, we would have unlimited sprawl. Feel free to comment on New West web site.

Cows or Condos: A False Choice Between Public Lands Ranching and Sprawl

By George Wuerthner, 2-16-10
Author of "Welfare Ranching: The Subsidized Destruction of the American West," and also available elsewhere in coffee table book form.

Ag crops, many of them grown for livestock feed, dominates western landscapes.

Author’s Note: I first wrote this about 8 years ago, but the same arguments continue to crop up today with livestock proponents using the fear of sprawl as their club against any serious critiques and full accounting of the ecological impacts of livestock production. These arguments fail to consider the full geographical footprint of livestock production, nor the economic forces that drive sprawl. Availability of private land for sale does not necessarily result in sprawl. Even if ranching did limit sprawl to some degree it is a blunt tool compared to other more effective measures like land use planning and zoning. I am posting this review because the basic information has not changed significantly since I first wrote the piece. Updated references would provide essentially the same numbers--for instance, a 2002 review of Land Uses in the United States found that urbanization and developed land occupies 3% of the US.

Introduction:

Fear of sprawl and urbanization is a major obstacle to effecting change in public lands ranching policy, but the perceived connection between loss of grazing privileges on public land and loss of private ranchland to development has little basis in fact. The impact of livestock production is also minimized by many people who do not appreciate the geographical scale at which it occurs in the West. There are effective ways to protect open space and other values on private lands, but maintaining livestock on public lands is not one of them.

I have been giving talks and slideshows about the negative effects of western livestock production for many years. I go through a litany of ecological, economic, and human health costs until members of the audience are awash in facts and statistics as well as dozens of images of cow-trashed landscapes. Often my audiences are very sympathetic to environmental causes and are troubled by what they hear. But inevitably, when I suggest that at least on the public lands, livestock grazing be eliminated, someone will raise an objection. It always goes something like this: “Well, I agree livestock do damage. But if you eliminate grazing on public lands, the ranchers will be forced to subdivide on the private lands. Then we’ll get more houses, condos, and people. Isn’t that far worse than what the cows do?”

The answer, in a word, is “No.”

First, condos and sprawl, bad as they are, are not worse than ranching. Primarily, this is because “sprawl” and all other urban/suburban and second-home development takes up a relatively tiny area of the West, whereas livestock grazing and crop production to support livestock takes up immense acreages. While I do not dispute the damage done to natural systems by sprawl, livestock production also costs a great deal in terms of both ecological health and taxpayer dollars.

Second, the notion that protecting ranchers will preserve open space is wrongly premised on the belief that without access to public lands forage, permittees will inevitably go out of business and sell their ranches for development. I believe there is compelling evidence to suggest a very different dynamic driving development in the West, rather than rancher hardship.

Finally, “cows versus condos” is not only a falsehood; it is a an impediment to clear thinking and effective action on the problems of habitat conservation and preservation of open space on both public and private lands. So long as land protection advocates focus on a false choice between cows or condos, they ignore proven ways to protect ecological values on private lands as well as continue to allow livestock to degrade ecosystems. Conservationists must move beyond “cows versus condos” if they are serious about long-term protection of western lands.

The Geography of Sprawl and Agriculture

Elsewhere in this book, the ecological costs of growing livestock are enumerated. Here, I focus on the scale of that activity for the simple reason that most people seem to have very little sense of comparison between the physical footprint of cities and subdivisions in the West and that of livestock production.

In order to help you think about the geography of the West, let’s pretend you are going on an airplane flight. Your journey begins in Denver, say, or Phoenix, or Salt Lake. As your plane waits in the queue for take-off, you are surrounded by asphalt. Not far off are city streets, buildings, and bustle. When you land, in Sacramento perhaps, or Portland, or Los Angeles, it’s the same thing. But if you look out the window while you are flying, that is not what you see for hour after hour. If you are fortunate to have a clear day, you see this: mountains, valleys, plains, deserts. Occasional towns, if you happen to be peering out at the moment the jet rushes over them. Now and then, especially if your route is along the Pacific coast, you see the tell-tale gridwork of urban centers. But the dominant impression-if you judge it fairly, if you bother to watch that window between take-off and landing-is open land. I.e., land without human residents, or at least very few. Indeed, once outside of the major urban centers and resort communities, open space is the dominant feature of the West.

But let’s pretend again that you are flying. This time, you are wearing very special eyeglasses. They are designed to recognize and alter the hue of any land that is dedicated to livestock production, much like Landsat photos that shade areas differently, according to dominant plant communities. I’ll call these glasses “Livestock Lenses.” Let’s say the land looks red wherever it is utilized in some fashion for the raising of livestock. In the West, that’s primarily cattle, a few sheep. So, when you fly over rangelands, public or private, you see red. Over the West, there’s a whole lot of land used as livestock range, so you see lots of red-flying over mountains, over forests, over deserts. But there’s also cropland that is dedicated to raising feed for cattle-hay and alfalfa, primarily. And thus you see valley after valley, extensive flatlands, all red, or nearly so. And then, these very special Livestock Lenses have a mechanism for detecting the degree to which water is also used for livestock. Rivers that are partially diverted for irrigation, to grow cattle feed, these are pink. From so high up in a jet, you probably cannot see all the tiny rivulets and streams threading, crimson, vermilion, across the landscape. But they are there-some impounded or diverted for irrigation, many more serving as watering troughs for grazing animals, and also as conduits for manure and soils eroded by pounding hooves.

By the time your plane descends and you pull off the Livestock Lenses, you have seen a landscape dominated by one color-and one use. For that is what the West-especially the arid West-is: a geography dominated by livestock use.

Indeed, livestock production dominates the entire country, not just the West. The land area utilized for livestock production-including rangelands, pasture, and the production of forage crops (corn, soybeans, alfalfa, etc.)-occupies 65-75 percent of the total U.S. acreage, excluding Alaska, according to U.S. Department of Agriculture statistics ( USDA 1997b). Four crops account for approximately eighty percent of all acreage planted per year in this country: hay, corn, soybeans, and wheat. All but wheat are grown primarily to feed livestock (USDA 1997a). In comparison, (and again, not counting Alaska), the amount of land taken up by sprawl and development is slightly more than four percent (USDA 1997a). In the West, urban and suburban landscapes, including fairly low-density subdivisions, occupy an even smaller fraction of land than in the country as a whole. Sprawl, though a serious and usually permanent blight where it occurs, is not the major ecological threat to the natural systems of the West for the very reason that it is-despite the connotation of the term-confined to a limited area. (I readily acknowledge that cities are drawing resources from a huge area, and their ecological footprint is great-but that is a different debate than the matter of sprawl eating up the western landscape. Per capita resource use is an issue of lifestyle for all Americans, urban and rural.)

The latest Geographical Analysis Program (California Dept. of Fish and Game 1995) reported that less than 4.5 percent of California--the most heavily populated western state--is urbanized, and that figure includes all highways, malls, subdivisions, and industrial parks. Most of the human population is concentrated in a few large metropolitan centers like San Diego, Los Angeles, San Francisco, and Sacramento. Agriculture, however, is far more pervasive, affecting about seventy percent of the state, by a conservative estimate. This includes croplands, as well as pasture and rangeland. The majority of this land is dedicated to livestock production. Very little grows crops directly consumed by people. For example, about 1.5 percent of California’s land area is used to grow vegetables (California Dept. of Food and Agriculture 1998; California Dept. of Conservation 2000). And from this relatively small amount of land comes about half of all the vegetables grown in the United States (USDA 1997b).

In Montana, according to recent figures compiled by the Montana Department of Fish, Wildlife and Parks, some 95 percent of the state land area is occupied by fewer than four people per square mile. These are “frontier” lands, according to the old 1890 U.S. census standards. Yet despite the fact that most of the state is essentially uninhabited, numerous native species are imperiled or significantly reduced in numbers, primarily because of agriculture-which in Montana usually means livestock production. These species include bison, wolf, grizzly bear, swift fox, black-footed ferret, Columbia sharptail grouse, sage grouse, and a host of others. What is particularly disturbing about this list is that all these species were once widespread and abundant in Montana. None of the forgoing animals have specialized habitat requirements. It is clear that “open space” is not the same as good quality wildlife habitat (Wuerthner 1997).

Thus, it is the pervasiveness of livestock impacts, and the huge geographical scale at which livestock production occurs, that makes it a far greater threat to the native plant and animal species of the West than sprawl. This is not to minimize the serious consequences of sprawl and development where it is occurring. Still, it should be recognized that this development is relatively concentrated and occupies a small proportion of the western landscape.

Demand Drives Development

Now, even if one is inclined to disagree with my assertion that livestock production is a disaster for the West’s native species and ecosystems, that doesn’t mean ranching can preserve open space. Even if you think livestock are ecologically benign, supporting ranchers does not safeguard ecosystem values. That’s because ranching can’t and doesn’t prevent subdivisions. The problem is complex, but one has only to realize that most western cities sit on land that was once ranched, farmed, or grazed to see that the mere presence of agricultural land did not stop urbanization in the past. And it is not stopping it now.

The growth of subdivisions and sprawl is driven by demand, not the mere availability of land. In fact, sheer population growth accounts to a significant degree for the expanding boundaries of most western cities. A study reviewing census data since 1970 shows that per capita land consumption, or the average area of land physically occupied by people, is actually declining in many western cities (Kolankiewicz and Beck 2001). And at the regional level, sprawl in California, the Southwest and the mountain West is overwhelmingly due to population growth, and very little is due to increases in per capita land consumption (Kolankiewicz and Beck 2001). Net in-migration, the major reason for population growth in the West as a whole, is fueled by a number of factors, including availability of employment and amenities. Most sprawl is occurring near existing large cities where jobs, good schools, transportation centers, and diverse cultural offerings are located (Holechek 2001).

Recreation-related development ("condos") is another type of sprawl occurring in the more rural areas of the West. It is a phenomenon of highly scenic areas with superlative opportunities for activities such as skiing, fishing, boating and other outdoor pursuits (Power 1996). Again, however, the growth of select recreation/ resort/ retirement sites in the West probably cannot be separated from population pressures overall and accompanying declines in urban quality of life. Whether one looks at spreading cities or burgeoning “hot spots,” the fact is that without addressing the demand for land created by increasing numbers of people in general, any effort to prevent sprawl is ultimately doomed to failure.

It is easy to see why the simple availability of land is not the driving force behind sprawl when you look at places that are not experiencing population growth. You do not find much threat of subdivision in the middle of North Dakota or eastern Montana-places where tens of millions of acres are for sale. Why not? Because marginal agricultural economics plus mere availability of private land does not add up to sprawl. A landowner may greatly desire a sale to developers, but he or she will not get it, unless there is already demand for land. Very few people want to live in North Dakota except the people already there. No demand, no sprawl.

Low demand has several effects. First, it keeps land prices low. Low land price means that another rancher or farmer can afford to purchase the land of a neighbor and pay off the mortgage running cows on it. When land prices rise--as they have done in some of the more scenic parts of the West--it becomes impossible to get into ranching, or to expand one’s existing operations. The rising cost of getting into ranching is aggravated by declining profitability of livestock production (Holechek 2001). Only wealthy “hobby” ranchers can afford to purchase ranches (Petersen and Coppock 2001). Indeed, many ranchers think of their ranches as retirement nest eggs and have every intention of eventually selling their property for development. One study in Utah found that 43 percent of public lands ranchers approaching retirement age state a desire to sell their land to developers (Petersen and Coppock 2001).

High land prices (i.e. high demand for real estate) in an area can hurt the ability of ranchers to pass their land on to the next generation, even when that is their wish (Petersen and Coppock 2001). In addition, many children of ranching families are simply not interested in taking over the business (Liffmann et al. 2000). There are many factors driving this trend, including better economic opportunities outside agriculture. The high price of land, where this is the case, not only makes selling to developers more attractive to present owners, it becomes one more reason children can’t or won’t continue to run the ranch. If there are several children in a family, deciding who gets to keep the ranch potentially worth millions of dollars become a thorny issue. For many, the easiest solution is to sell it and split the profits among all heirs.

In the past, low land prices permitted western producers to compete with more productive agricultural regions through an economy of scale. Western lands generally support fewer animals per acre than more equitable climes, but ranchers could easily buy and own thousands of acres or acquire vast tracts of public lands, compensating somewhat for low productivity by maintaining large holdings. Rising land values have undercut the viability of this option. Ranchers can no longer expand their land holdings and pay off the mortgage with a low value product such as beef (Liffman et al. 2000; Petersen and Coppock 2001; Holechek 2001). Yet the minimum herd size, hence land base, needed to be an economically sustainable operations continues to rise, further undercutting the long term stability of the western livestock industry.

An increasing problem for the livestock industry is simply the higher cost of doing business. For generations ranchers have externalized many of their operational expenses-primarily to the environment and also to taxpayers, who subsidize ranching in a myriad of ways. Whether one is talking about below market-value grazing fees on public lands; taxpayer-subsidized irrigation projects; or the numerous environmental costs which the land and society must bear; ranchers have lowered production expenditures because the rest of us have carried the true debt for them. Now, as the American citizenry wakes up to the losses-ecological and economic-ranchers are being asked more and more to pay the full costs. Given the financially marginal nature of most western livestock operations, this can only hasten the demise of ranching in the West.

All of these difficulties are exacerbated by globalization of the market. Increasingly, the price ranchers get for their cows is determined by the world market, not regional or even national economic forces. Yet, production costs are local. Cheaper beef can be grown elsewhere-either because in other, moister, milder regions, the costs are inherently less, or because in other parts of the world, labor and land are less expensive. There is very little the rancher can do to alter these distant situations.

The False Dichotomy of Condos or Cows

The final problem is the false dichotomy of condos or cows. In truth, over much of the West the current economic choice is cows, or…well, there aren’t a lot of other options. Some ranchers sell out to other ranchers-increasingly, the new owners are corporations, or distant millionaires (Petersen and Coppock 2001). Other ranchers turn to game farming, or other pursuits that are dubious from both ecological and public interest perspectives. In some places, the unfolding reality is cows and condos: livestock grazing continues on rangelands, while the limited wildlife habitat that did exist on private lands shrinks ever more.

Critics of eliminating livestock on public lands erroneously assume that the only way of forestalling private land subdivision is by keeping ranchers going, by whatever means possible. Yet, this is wrongheaded for two reasons. First, as I’ve explained above, the economic forces at play are both complex and powerful. For the most part, there is little ranchers or ranching proponents can do to influence beef prices, nor are they going to stop the public cry for cleaner water, restored species, intact ecosystems and the like. And unless laws are passed to forcibly halt newcomers at state or county borders, it will be very difficult to put a lid on demand for real estate in places either picturesque-like Paradise Valley, Montana-or booming with opportunity-like Silicon Valley, California. Where land prices rise high enough-in other words, where the demand is great enough-most ranchers are tempted to cash in, if not this year or next, then a decade hence. Relying on the good will and endurance of ranchers is not a good strategy for ensuring long-term land protection.

Furthermore, despite the either/or dynamic implied by the “condos or cows” mantra, there is not a direct relationship between loss of public lands grazing privileges and subsequent sale of private ranch land. Surveys among livestock producers have shown that lifestyle and independence are the prime motivations for remaining in ranching (Rowe et al. 2001). If access to public lands forage is reduced, many ranchers will seek to stay in the business by modifying their operations: buying more private land, reducing herd size to fit existing private land holdings, and obtaining outside employment to bolster family income (Rowe et al 2001).
Perhaps one of the most unfortunate consequences of the “condos or cows” mentality is the lack of initiative among a variety of conservation groups and open space advocates in taking up truly effective private land conservation strategies. Instead of developing and supporting PROACTIVE mechanisms for land protection, they are lulled into supporting a PASSIVE methods that utilizes a flawed strategy dependent upon rancher beneficence to maintain open space in the face of rising land values. There are many proactive strategies examples from around the country of approaches to open space protection that don’t depend on the acceptance of continued degradation of both public and private lands. Below I briefly describe a few. However, there are probably many more creative solutions that could be imagined and implemented, if only we could get away from the paralyzing fear that without cows, our only option is houses and concrete.

* Zoning and Planning. These are fighting words in much of the West, but if you care about protecting both social and ecological values, zoning and planning really work. Oregon has a state-wide zoning system that limits all new development within designated urban growth boundaries. This automatically protects open space outside of the urban regions. It also has the effect of keeping agricultural land prices low, since these are unavailable for residential development. The Willamette Valley which is home to 70 percent of Oregon’s population including the cities of Salem, Eugene, and Portland, has 95% of the land area in agricultural production (with plenty of ecological impacts as a result) timber or other rural land uses.

* Land Acquisition. Many ranchers don’t like this option too well, either. But the public can decide to make funds available for willing sellers of land that hold important wildlife, scenic, or recreational values. Or private organizations, like land trusts, may purchase significant properties and either donate them to the government, or keep them as private preserves. Of course, if cows remain on the purchased lands, I would argue that much of the ecological benefit of the acquisition is lost.

* Development Rights. These can be purchased or traded. In the Pine Barrens of New Jersey, for instance, landowners can “sell” their development rights to developers in urban areas. The urban developers can then apply to city governments to build higher density housing than normally permitted. The law allows them to mitigate, in essence, for the high density in the city by preserving open space in the barrens. In either the case of land acquisition or acquisition of development rights, protection against sprawl is far more secure than with a policy of hoping ranchers will act against their economic self-interest, even as the market pressures on them increase. And remember, while outright purchase and acquisition of development rights can be expensive, development is not a threat over most of the West. We don’t have to buy all the private ranch land to afford reasonable protection against condos or subdivisions. Many properties will remain open space, no matter what conservationists do or don’t do.

Those who suggest we don’t have the money to buy up critical lands forget that we currently bestow billions of dollars upon the agricultural industry in the form of subsidies and direct payments. In the fall of 1999, for example, Congress granted an emergency $8.7 billion relief package on top of $26 billion it was already doling out that year to agriculture. Of this, tobacco growers alone received $340 million to make up for a decline in tobacco sales-the result of anti-smoking campaigns (for which taxpayers have also paid to a large extent). To give some perspective, $340 million is more than was spent in 1999 on all federal land acquisitions, in all 50 states. There is plenty of money in the federal budget, if the political will can be mustered to prioritize permanent protection of habitat and open space. Political will for such investments is undermined by those advocating ranching as a mechanism to protect and preserve open space and wildlife habitats.

Americans are clearly willing to fund land acquisition if they believe no other alternatives are viable. Florida--not known as a particularly liberal, or “green,” bastion--has spent more than $450 million a year on land acquisition programs since 1991 (Florida Department of Environmental Protection and Greenways Program 2001). In a state that has seen more development pressure than most of the West will see for the next several centuries, Floridians realized that the only effective way to ensure open space was preserved was to buy it. They have reiterated their commitment to this strategy by voting several times in favor of land protection bond measures.

We must get beyond the misleading and destructive belief in “condos or cows.” While thousands of acres go under the bulldozer because of a misplaced faith in ranching as a land protection strategy, hundreds of millions of acres continue to be pounded under the hooves of cattle. While the search goes on for “win/win” solutions between stockgrowers and conservationists, what is more likely to happen is the “lose/lose” reality of unguided, uncontrolled development in the beauty spots and hot markets of the West, and unabated abuse of the lands and waters that belong to all the people-the public lands-and ultimately, to all the wild creatures that inhabit them.

What would a West without cows be like? Endless subdivisions and cities? Hardly. It would be just this: millions of acres, rich with newly invigorated native grasses; robust with sagebrush and other shrubs no longer bulldozed or chained to make way for cattle feed; swept by growing herds of elk, wild sheep, pronghorn antelope and bison; vibrant with the energy of predators large and small-from wolves to black-footed ferrets, from grizzlies to swift fox, kestrel, and burrowing owl. The West, without cows, would be thousands of miles of clear streams running deep, filling up with fat native fishes, welcoming back along their margins flocks of raucous song birds, and a slow, quiet tide of lesser-known beasts: reptiles, amphibians, and invertebrates of all kinds. Relieved of livestock, the West would see the re-appearance of the great cottonwood galleries, the re-greening of lowland meadows, the re-gained curvature and grace of flat valley rivers. This, and much more, would be the West without cows.

Next time you fly over it, imagine a West like that.

References

California Dept. of Conservation. 2000. California Farmland Conversion Report 1996-1998. Pub. #FM 2000-01. CDC, Farmland Mapping and Monitoring Program. Sacramento, CA.

California Dept. of Fish and Game. 1995. GAP analysis of mainland California: an interactive atlas of terrestrial biodiversity and land management (CD-ROM). CDFG, Natural Heritage Division. (http://www.biogeog.ucsb.edu.projects/gap/gap_home.html).

California Dept. of Food and Agriculture. 1998. California Agricultural Resource Directory. CDFA. Sacramento, CA. (http://www.cdfa.ca.gov).

Florida Dept. of Environmental Protection and Greenways Program. 2001. Tallahassee, FL. (http://www.dep.state.fl.us/gwt/).

Holechek, Jerry L. 2001. Western ranching at the crossroads. Rangelands 23(1): 17-21.

Kolankiewicz, Leon and Roy Beck. 2001. Weighing sprawl factors in large U.S. cities. NumbersUSA. Arlington, VA.

Liffmann, Robin H., Lynn Hunsinger, and Larry C. Forego. 2000. To ranch or not to ranch: Home on the urban range? J. Range Management 53(4): 362-379.

Montana GAP Analysis. 1998. (CD-ROM). University of Montana, Montana Cooperative Wildlife Research Unit, Wildlife Spatial Analysis Lab. Missoula, MT.

Petersen, Regina and D. Layne Coppock. 2001. Economies and demographics constrain investment in Utah private grazing lands. J. Range Management 54(2): 106-114.

Power, Thomas M. 1996. Lost landscapes and failed economies: The search for a value of place. Island Press. Covelo, CA.

Rowe, Helen I., Matt Shinderman, and E. T. Bartlett. 2001. Change on the range. Rangelands 23(2): 6-9.

USDA. 1997a. America’s private land, a geography of hope. ISBN 0-16-049127-4. USDA, Natural Resources Conservation Service. Washington, DC.

USDA. 1997b. National Resources Inventory. USDA, Natural Resources Conservation Service. Washington, DC. (revised Dec. 2000) (http://www.nhq.nrcs.usda.gov/NRI/1997).

Wuerthner, George. 1997. Subdivisions and extractive industries. Wild Earth (autumn 1997).

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Aldous Huxley Quote From "Information Clearing House:"

"There will be, in the next generation or so, a pharmacological method of making people love their servitude, and producing dictatorship without tears, so to speak, producing a kind of painless concentration camp for entire societies, so that people will in fact have their liberties taken away from them, but will rather enjoy it, because they will be distracted from any desire to rebel by propaganda or brainwashing, or brainwashing enhanced by pharmacological methods. And this seems to be the final revolution." - Aldous Huxley, Tavistock Group, California Medical School, 1961