As long as the 'tree hugger' meets the requirements of holding a grazing permit they're good to go. That is one of the reasons that the time period for taking non-use has been extended from 3yrs to 5yrs in the new grazing regs that were, for the most part, implemented this past Aug. IIRC the precendent setting case was in So. Utah and involved the Grand Canyon Trust. Also, there is very little if any pressure from those in charge to actually take action on a permit if the permittee, regardless of who they are, has been in non-use for more than the allotted time periods.
The two main problems many groups have faced in buying out permits are; 1. that they did not have base property/water which is a requirement of holding a permit and 2. they wanted the permit retired. Retireing a permit or closing an allotment requires a land use planning decision, which is a sticky and costly process, as I'm sure you are aware. Also, by having to close an allotment/permit by decision allows those opposed to the decision to exercise the protest/appeal process. Yes, pro-grazing folks and even ranchers can use this process to appeal decisions that would close areas to grazing.
This issue also begs the question of how much use has to be made to keep one's grazing preference? I'm not sure if this issue has been settled by regulation or the courts, but will find out.
The two main problems many groups have faced in buying out permits are; 1. that they did not have base property/water which is a requirement of holding a permit and 2. they wanted the permit retired. Retireing a permit or closing an allotment requires a land use planning decision, which is a sticky and costly process, as I'm sure you are aware. Also, by having to close an allotment/permit by decision allows those opposed to the decision to exercise the protest/appeal process. Yes, pro-grazing folks and even ranchers can use this process to appeal decisions that would close areas to grazing.
This issue also begs the question of how much use has to be made to keep one's grazing preference? I'm not sure if this issue has been settled by regulation or the courts, but will find out.