Page 18 - October 2020 WCA Ketch Pen

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WATER AND ECOLOGY UPDATE
Gone Rogue
By Toni Meacham, Attorney at Law
Sometimes this article is harder to write than other times. The last month has been difficult for the ag industry on many levels, we are living in contentious times. Monday was a day that impacted so many of
our fellow cattlemen and women. With fires across
our nation, we all know those that lost their pasture, their cattle, their spirit to go on. If anyone has extra pasture, feed, fencing materials, or anything else for those impacted by the fires, the WCA is putting together resources for the impacted ranchers. We can’t fix the heartbreak they are going through, but we can help them move forward. The great thing about our industry as a whole is the fact that we support each other.
My article rarely focuses on the wolf issues WCA is fighting on behalf of the WCA membership.
Due to two lawsuits that have been filed in recent months, this article will be focused on some of the legal ramifications and strategy that needs to be implemented to help our membership that could be potentially impacted by these suits.
The first suit, Wildearth Guardians et al v. US Forest Service was filed in June 2020. This lawsuit specifically alleges that the US Forest Service (FS) failed to manage public lands that graze livestock in
a manner that does not impair wolves. This lawsuit targets the Colville area and Diamond M, without naming Diamond M as a party to the case. The reason that this case is so important is that the case attacks the FS ability to allow cattle grazing on the allotments and specifically for “failing to evaluate the impacts of
domestic livestock grazing to newly recolonizing gray wolves....” This case may be specific to Diamond M, but the underlying implication is
Ketch Pen www.washingtoncattlemen.org
that FS should
not allow grazing,
especially if that
grazing offers any
competition to wildlife.
I will admit, that my last sentence is a very broad statement regarding the overreaching implications of the case, but the complaint itself is 59 pages
and taken at face value, has the ability to lay the foundation to challenge livestock grazing on public lands. As of September 18th, Diamond M has filed
a motion to intervene on the case. When a person files a motion to intervene, what they are doing is asking the court to allow them to become a party to the lawsuit because whatever interest they have in the case is not adequately represented by the parties already involved in the case. This was the right move for Diamond M because there were no other cattle ranchers named in the suit. Someone had to take the lead in this matter on representing cattle interests.
In general, if a class of persons is unrepresented in a lawsuit and those people have a vested interest in the outcome of a legal proceeding,
Toni Meacham
September 2020