Gunnison BLM Domestic Sheep EIS

[Irrelevant]

The protest and appeal cost no money. After those administrative remedies are exhausted, litigation is the only recourse. Historically, conservation organizations with memberships primarily of hunters have left the dirty work of litigation to the "environmentalists."

And there is always the chance that if the decision is appealed, the BLM will voluntarily take the L and then never fully process the permits, because they are not required to do so. That's what happened in the appeal that I "won." The BLM attorney recommended to the IBLA judge that he remand the decision back to the BLM, which the judge did. The BLM office then fully processed the cattle permits through a new EA process and did nothing with the domestic sheep permits.

Side note...the drawing being conducted from that bin of purple tickets was sponsored by RMBS.

So will you be appealing? If not why not?

My recent experience is that local rod and gun clubs can/do use their attorney's as weapons, even if there's not much to show for it other than being a PITA for regulators who don't like being questioned.

 

[Oak]

So will you be appealing? If not why not?

Oh yes, I'll be protesting, and appealing if necessary. There is currently a 15-day protest period followed by a 30-day appeal period once the protest report comes out.

 

[Irrelevant]

Oh yes, I'll be protesting, and appealing if necessary. There is currently a 15-day protest period followed by a 30-day appeal period once the protest report comes out.

Gotcha, sorry I must have misread, it seemed like maybe you weren't going to protest but were hoping others would.

 

[kwyeewyk]

did nothing with the domestic sheep permits.

Did they actually stop grazing or just keep grazing without fully processing renewal of the sheep permit?

I believe at this point you have to be on the interested party list already in order to be able to protest or appeal?

Was the appeal you won against an EA or EIS?

 

[Oak]

Did they actually stop grazing or just keep grazing without fully processing renewal of the sheep permit?

I believe at this point you have to be on the interested party list already in order to be able to protest or appeal?

Was the appeal you won against an EA or EIS?

They have continued to graze, renewing the permits using the FLPMA 402(c)2 exception.

For the BLM NEPA, a person or entity has standing at any point in the NEPA process, regardless of whether they have participated in earlier comment periods, etc.

The appeal I won was an EA to renew several permits, both for cattle allotments and sheep allotments. The BLM subsequently processed the cattle allotments with a new EA and they have continued to renew the sheep allotments under their 402(c)2 authority.

 

[kwyeewyk]

They have continued to graze, renewing the permits using the FLPMA 402(c)2 exception.

For the BLM NEPA, a person or entity has standing at any point in the NEPA process, regardless of whether they have participated in earlier comment periods, etc.

The appeal I won was an EA to renew several permits, both for cattle allotments and sheep allotments. The BLM subsequently processed the cattle allotments with a new EA and they have continued to renew the sheep allotments under their 402(c)2 authority.

That's what I figured on the grazing, such a BS loophole. Is this one an EIS because of significant effects to wild sheep or some other significant effects?

 

[Oak]

Is this one an EIS because of significant effects to wild sheep or some other significant effects?

Primarily wild sheep, but since they started this process they have gained Gunnison sage-grouse as a threatened species.

In 2012 they scoped for an EA.
Later in 2012 the ROC Tool was published.
In 2014 GUSG were listed as threatened.
In 2015 they scoped for an EIS.
In 2019 they released the draft EIS for comment.
In 2020 they released the final EIS.
Now just 9.5 short years since they started they have signed decisions.

 

[Oak]

"Based on the analysis in the EIS, it is my decision that domestic sheep grazing will be allowed to continue as described in Alternative C. Alternative C avoids overlap of pastures authorized for domestic sheep with core Rocky Mountain bighorn sheep herd home summer range, which ensures temporal and spatial separation while still allowing grazing. My decision also includes new permit terms and conditions to further reduce the risk of contact. This gives me a high degree of confidence that there will be low to no risk of contact with wild sheep that would result in disease transmission within these allotments." - Elizabeth A. Dawson, Acting District Manager (emphasis mine)

Based on CPW's comment letter on the EIS, below, I'm not sure they agree with ADM Dawson. Yet here we are.