Page 24 - WCA July Ketch Pen 2020

Water and Ecology Update
By Toni Meacham, Attorney at Law
WCA has been represented by PLF in ESA litigation for many years. In December we filed a motion to intervene in a case called State
of CA v. Bernhardt, US Sec of Interior. This is a case related to CA challenging the US Fish and Wildlife and National Marine Fisheries Service’s adoption of rules implementing the Endangered Species Act. Two of the challenged rules affect how private property is regulated under the Act and another governs how the Fish and Wildlife Service regulates “take” of threatened species. This lawsuit has national impli- cations related to private property. In December the motion to inter- vene was filed along with declarations of support showing the court why said court should allow WCA and the other proposed interve- nors into the lawsuit. Our purpose of being involved is to make sure that the challenge is denied, if possible, and to have a seat at the table for any negotiations towards settlement. It is common for lawsuits of this nature to settle pre-trial with outcomes that those in the private sector do not agree with. Being a party to the lawsuit allows us to be part of all negotiations, hearings, and active in the matter. On Febru- ary 26 the motion to intervene was heard and we received word that the court has granted the motion to intervene. This is a very positive step forward for us in the lawsuit. It will be a long road moving for- ward, but without PLF and our seat at the table, we do not get to be part of the discussion. We can’t thank PLF enough for the wonderful representation on these ESA issues.
In a positive move that the agriculture community has been trying to push for years, BLM is now using goats as a grazing tool. BLM announced that they will be using 1,000 goats on areas that have been impacted by fire in CO. The unveiling of this plan is applauded by those in ag, and we hope to see more of this type of preventative ac- tion being approved by BLM in the future across the nation. As every- one in ag knows goats eat everything, inclusive of noxious weeds and junk plants that cattle and wildlife won’t eat. Everyone is watching this proposed action, from ag to enviros. Hopefully the results will be as expected and will be a positive result moving forward. Implemen- tation of a grazing protocol to limit noxious weeds and fire danger in public lands could help to bring back grazing on lands that have been prohibited from grazing in recent years. This is definitely a case study worth watching.
In March of this year the EPA announced that it was updating its requirements for scientific data to be made public. I personally see
this as a positive as I would like agencies to make decisions on peer reviewed sound science, not decisions on internal science that none
of us can view, understand, critique, or question. This also allows for challenge of that science and many people are focused on that aspect. But again, it allows those in the ag world to initiate that challenge. This move opens the door to allowing for better transparency of EPA action, and if groups or individuals feel that that actions is wrong, a challenge
based upon how that decision was
made, not mere speculation. It must
be remembered that the EPA is an
agency that is owned by the people for
the people. Their actions should be a
benefit to the people, in a broad sense.
Allowing impacted persons to view
the scientific data that led to an agen-
cy action is the correct path to take
and potentially allows for challenges
to impacts on our civil liberties. As an
example, if the EPA were to restrict
irrigation based upon scientific data
related to pollution, we as irrigators
and impacted people should be able to
see that science, dissect that science,
understand and challenge that science
if needed. Decisions impacting our lives should not be made without our ability to challenge those decisions. I have been an advocate for transparency, and peer reviewed sound science during my career and I see this as a positive step towards accountability.
To end my article this month, I would invite everyone that has Netflix to watch the worst horror show of all time. Netflix released a story called “The Stand at Paxton County” which is a true story about activists’ tactics in taking over ag and ruining the lives of people in ag. As depicted by Amanda Radke of Beef Magazine, this movie was produced by Forrest Films in collaboration with Protect the Harvest, as a “thriller that depicts the story of a military veteran who comes home to find her aging father harassed by the local sheriff, who is intent on confiscating the livestock on their ranch under shady pre- tenses. Throughout the movie, we discover that animal rights activ- ists have infiltrated and influenced local law enforcement (a common tactic in real life), and the family is forced to fight corruption, lies and media scandal in an effort to save the ranch, keep their horses and protect their legacy.” This is a true story that should be viewed
so that we can all see the lengths that radicals will take in an effort to eradicate ag. This is a great movie to watch and will hopefully help open the eyes of those that don’t understand what we are facing in ag and the ag terrorists that are out there.
Toni Meacham
24 KETCH PEN - July 2020