An update on a **Previous Post**
Embattled rancher calls it quits
By JEFF GEARINO
Southwest Wyoming bureau
GREEN RIVER -- A Thermopolis rancher who's been involved for nearly a decade in lawsuits and countersuits with the Bureau of Land Management over numerous grazing violations is no longer grazing cattle, according to his attorney.
The BLM voided a controversial settlement agreement in January with rancher Harvey Frank Robbins Jr. after he was cited for nonwillful trespass of cattle on BLM-administered lands.
Robbins' attorney, Karen Budd-Falen of Cheyenne, filed a complaint in U.S. District Court in February seeking an injunction preventing the BLM from voiding the settlement agreement,
The lawsuit is still pending, his attorney said in a phone interview.
"Robbins sold a large portion of his cattle and leased the remaining portion to a third party ... so at this point he has no cattle on any BLM allotment and he's not in control of any cattle at all," said Budd-Falen.
"The (BLM) moved to dismiss (the complaint) and we opposed that and moved for a summary judgment in our favor," she said. "The government opposed that and now we're waiting for the judge to decide what to do."
Robbins resides at Hamilton Dome in Hot Springs County and is the owner of the High Island Ranch, the HD Ranch and the Owl Creek Ranch.
The ranches include a geographically dispersed mixture of private land and BLM-administered land. Robbins holds grazing permits issued by the BLM that allows him to graze livestock on the public land portions of the ranches.
The settlement agreement in question was the result of nine years of lawsuits and countersuits between Robbins and the BLM's Worland Field Office over Robbins' numerous grazing violations.
During that time, the Worland office issued Robbins approximately 20 individual livestock-grazing, willful and unwillful trespasses and revoked his grazing permits.
The unusual 24-month settlement agreement signed in January 2003 stayed the nine years of grazing violations and dismissed most of the lawsuits and countersuits between the two parties. Rather than allow the lawsuits to play out, top Department of the Interior officials instructed the Worland office to back off enforcement actions while the settlement was negotiated.
The agreement included provisions that permitted the BLM to unilaterally void the agreement -- but only in the event that Robbins was formally charged with either willful trespass or with actions involving resource degradation.
In late December, the Worland office issued Robbins two nonwillful trespass notices regarding livestock trespassing on BLM lands. The BLM alleged that a total of 28 head of Robbins' cattle trespassed on BLM-administered lands for a total of 10 days.
Under the agreement, the BLM held an "informal dispute resolution" with Robbins in January, but a resolution could not be reached. As a result, the BLM initiated formal administrative proceedings and issued the proposed decision Jan. 28 voiding the settlement agreement.
Budd-Falen contends that Robbins was charged with nonwillful rather than willful trespass and the settlement agreement should not be voided. The trespass was not an intentional act by Robbins, she said.
But BLM officials in Worland said it's difficult for the agency to prove willful intent. Robbins was offered nonwillful trespass during resolution talks with the BLM, but did not accept it, BLM officials said.
Budd-Falen said if the suit is successful, she is unsure if Robbins will resume his cattle business. "We're kind of taking this one step at a time," she said.
**Link**
Embattled rancher calls it quits
By JEFF GEARINO
Southwest Wyoming bureau
GREEN RIVER -- A Thermopolis rancher who's been involved for nearly a decade in lawsuits and countersuits with the Bureau of Land Management over numerous grazing violations is no longer grazing cattle, according to his attorney.
The BLM voided a controversial settlement agreement in January with rancher Harvey Frank Robbins Jr. after he was cited for nonwillful trespass of cattle on BLM-administered lands.
Robbins' attorney, Karen Budd-Falen of Cheyenne, filed a complaint in U.S. District Court in February seeking an injunction preventing the BLM from voiding the settlement agreement,
The lawsuit is still pending, his attorney said in a phone interview.
"Robbins sold a large portion of his cattle and leased the remaining portion to a third party ... so at this point he has no cattle on any BLM allotment and he's not in control of any cattle at all," said Budd-Falen.
"The (BLM) moved to dismiss (the complaint) and we opposed that and moved for a summary judgment in our favor," she said. "The government opposed that and now we're waiting for the judge to decide what to do."
Robbins resides at Hamilton Dome in Hot Springs County and is the owner of the High Island Ranch, the HD Ranch and the Owl Creek Ranch.
The ranches include a geographically dispersed mixture of private land and BLM-administered land. Robbins holds grazing permits issued by the BLM that allows him to graze livestock on the public land portions of the ranches.
The settlement agreement in question was the result of nine years of lawsuits and countersuits between Robbins and the BLM's Worland Field Office over Robbins' numerous grazing violations.
During that time, the Worland office issued Robbins approximately 20 individual livestock-grazing, willful and unwillful trespasses and revoked his grazing permits.
The unusual 24-month settlement agreement signed in January 2003 stayed the nine years of grazing violations and dismissed most of the lawsuits and countersuits between the two parties. Rather than allow the lawsuits to play out, top Department of the Interior officials instructed the Worland office to back off enforcement actions while the settlement was negotiated.
The agreement included provisions that permitted the BLM to unilaterally void the agreement -- but only in the event that Robbins was formally charged with either willful trespass or with actions involving resource degradation.
In late December, the Worland office issued Robbins two nonwillful trespass notices regarding livestock trespassing on BLM lands. The BLM alleged that a total of 28 head of Robbins' cattle trespassed on BLM-administered lands for a total of 10 days.
Under the agreement, the BLM held an "informal dispute resolution" with Robbins in January, but a resolution could not be reached. As a result, the BLM initiated formal administrative proceedings and issued the proposed decision Jan. 28 voiding the settlement agreement.
Budd-Falen contends that Robbins was charged with nonwillful rather than willful trespass and the settlement agreement should not be voided. The trespass was not an intentional act by Robbins, she said.
But BLM officials in Worland said it's difficult for the agency to prove willful intent. Robbins was offered nonwillful trespass during resolution talks with the BLM, but did not accept it, BLM officials said.
Budd-Falen said if the suit is successful, she is unsure if Robbins will resume his cattle business. "We're kind of taking this one step at a time," she said.
**Link**
