High court lets Trout Unlimited in on water claims

CBU opinion: This sets a precedence of TU coming in and filing a lawsuit on well water rights of your home, farm, ranch and city water usage be it from rivers or wells. This gives TU another way to abuse the Equal Access to Justice Act and taking more money from the taxpayers through frivolous lawsuits.

The Montana Supreme Court says Trout Unlimited can dispute water rights claims even though it doesn’t have a claim to the water itself.

The ruling overturns a Montana Water Court decision which had only allowed objections in ongoing cases by those with a water right elsewhere in a basin.

Read more: http://billingsgazette.com/news/state-and-regional/montana/article_8061ef02-9df2-11e0-bf2b-001cc4c002e0.html#ixzz1QCTLNs4a

Americans for Responsible Recreation Access

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WASHINGTON, D.C. – Montana’s Congressman, Denny Rehberg, has introduced legislation with Representative Cynthia Lummis (WY-AL) to reduce taxpayers’ burden to pay for the attorneys’ fees of environmental obstructionist groups who abuse the legal system to block economic development and destroy jobs.  The Government Litigation Savings Act makes long overdue reforms to the implementation and oversight of funds distributed through the Equal Access to Justice Act (EAJA).

“The abuse of our legal system and attack on Montana jobs is a big enough problem without the government asking the taxpayer to foot the bill for the lawyers,” said Rehberg, a member of the Congressional Western Caucus.  “Whether it’s wolf management, timber production or energy development, you can’t walk across the street in Montana without being sued by an out-of-state environmental obstructionist group.  And while these groups have millions in the bank, they’re using tax dollars to fund their legal obstruction.  This bill helps change that.”

“When the government stopped tracking EAJA payments in 1995, it was a dream come true for radical environmental groups. Lack of oversight has fueled the fire for these groups to grind the work of land management and other federal agencies to a halt — and it does so on the taxpayer’s dime.  Americans have unwittingly funded these obstructionist political agendas for far too long at the expense of individuals, small businesses, energy producers, farmers and ranchers who must pay out of their own pocket to defend the federal government against relentless litigation,” said Lummis. “This common sense legislation would help restore integrity to EAJA and return the program to the original intent of Congress.”

In 1980, Congress passed EAJA to help individuals, small businesses and non-profit organizations with limited access to financial resources defend themselves against harmful government actions.  EAJA allows for the reimbursement of attorney’s fees and costs associated with suing the federal government. When operating as it was intended, EAJA allows plaintiffs who sue the federal government to recover part of their attorney’s fees and costs if they “prevail” in the case.

The original legislation required annual reports to Congress on the amount and nature of EAJA payments, but those reports ended in 1995.  Two private studies, one by a Wyoming law firm and another by Virginia Tech University, have shown that despite congressional intent to assist small organizations, some large environmental obstructionist groups appear to be the biggest beneficiaries of EAJA payments.  The Wyoming study, for example, found that more than 1,200 federal cases were filed in 19 states and the District of Columbia by just 14 environmental groups.  The cost to the taxpayer was $37 million.

Rehberg’s legislation returns EAJA to its original intent reforming eligibility requirements to receive EAJA reimbursements, limiting repeated lawsuits, and reinstating tracking and reporting requirements to make EAJA more transparent.  Under the Government Litigation Savings Act, veterans, social security claimants, individuals and small businesses will still enjoy full access to EAJA funds.

“No one wants to restrict access to the courts,” said Rehberg.  “But let’s use some common sense and stop asking the taxpayer to fund the very lawsuits that are destroying their jobs and livelihoods.”

The legislation has been endorsed by over 85 agriculture, sportsmen, recreation and energy groups including the Montana Association of State Grazing Districts, Montana Public Lands Council, Montana Stockgrowers Association and Montana Wool Growers Association.  The full list is below:

• Boone and Crockett Club
• National Rifle Association
• Association of Fish and Wildlife Agencies
• National Federation of Independent Businesses
• Public Lands Council
• National Cattlemen’s Beef Association
• National Association of Conservation Districts
• Congressional Sportsman Foundation
• National Rural Electric Cooperative Association
• National Council of Farmer Cooperatives
• Safari Club International
• Western Energy Alliance
• National Mining Association
• United States Cattleman’s Association
• American Sheep Industry
• National Association of Forest Service Retirees
• Theodore Roosevelt Conservation Partnership
• Recreational Off-Highway Vehicle Association
• Motorcycle Industry Association
• Americans for Responsible Recreational Access
• Specialty Vehicle Institute of America
• American Agri-Women
• Mule Deer Foundation
• Rocky Mountain Elk Foundation
• Independent Petroleum Association of America
• Foundation for Environmental and Economic Progress
• Women in Farm Economics
• National Trappers Association
• Pheasants Forever/Quail Forever
• U.S. Sportsmen’s Alliance
• Wildlife Forever
• Wildlife Management Institute
• Archery Trade Association
• Campfire Club of America
• Catch-a-Dream Foundation
• Masters of Foxhounds Association of America
• Orion-the-Hunter’s Institute
• Quality Deer Management Association
• Ruffed Grouse Society
• Tread Lightly!
• Pope and Young Club
• Association of National Grasslands
• Specialty Equipment Market Association

Regional, State, and Local Associations
• Western Legacy Alliance
• Western Business Roundtable
• Intermountain Forestry Association
• Wyoming Stock Growers Association
• Black Hills Forest Resource Association
• Wyoming Wool Growers Association
• Colorado Timber Industry Association.
• Wyoming Farm Bureau Federation
• Idaho Farm Bureau Federation
• Wyoming Association of Conservation Districts
• South Dakota Cattlemen’s Association
• Wyoming Petroleum Association
• Independent Cattlemen’s Association of Texas
• Dallas Safari Club
• Houston Safari Club
• Delta Waterfowl Foundation
• Texas Wildlife Association
• Texas Cattle Feeders Association
• Oregonians for Food and Shelter
• New Mexico Cattle Growers’ Association
• New Mexico Wool Growers, Inc.
• Arizona Farm Bureau Federation
• Arizona Cattle Growers’ Association
• Arizona Public Lands Council
• California Cattlemen’s Association
• California Wool Growers Association
• Central Committee of Nevada State Grazing Boards
• Nevada Cattlemen’s Association
• Colorado Cattlemen’s Association
• Colorado Public Lands Council
• Colorado Wool Growers Association
• Florida Cattlemen’s Association
• Georgia Cattlemen’s Association
• Hawaii Cattlemen’s Association
• Idaho Cattle Association
• Idaho Wool Growers Association
• Iowa Cattlemen’s Association
• Kansas Livestock Association
• Minnesota State Cattlemen’s Association
• Montana Association of State Grazing Districts
• Montana Public Lands Council
• Montana Stockgrowers Association
• Montana Wool Growers Association
• North Dakota Stockmen’s Association
• Oklahoma Cattlemen’s Association
• Oregon Cattlemen’s Association
• Utah Cattlemen’s Association
• Utah Farm Bureau Federation
• Washington Cattlemen’s Association

WASHINGTON, D.C. – Denny Rehberg (MT-AL), Cynthia Lummis (WY-AL) and Mike Simpson (ID-02) today contacted Interior Secretary Ken Salazar asking for specific modifications to the Interior Department’s Winter Use Plan Draft Environmental Impact Statement for Yellowstone National Park.  All three members, whose districts include the Park and its gateway communities, share concerns over the agency’s preferred alternative, which would severely limit visitor snowmobile days and impose onerous time restrictions.

“I think it’s hard for some bureaucrats to understand that hardworking Montanans make a living in the Park, and they need flexible regulations to stay afloat.” said Rehberg, a member of the Congressional Western Caucus.  “Unfortunately, some powerful opponents of snowmobiles have succeeded in persuading the National Park Service to further restrict access.  Meanwhile, the local economies around the Park are suffering.  While these obstructionist groups always trumpet the economic benefits of public lands, they are also doing everything they can to choke those benefits out of existence.  We need a solution that works for the folks who live and work in and around the Park.”

“If the agenda of those who want to restrict access to our first national park finds its way into the Winter Use proposal, the economic viability of our gateway communities, jobs for working families, and the survival of local businesses are at stake. Our communities want and deserve fair and consistent regulations that align with the ultimate mission of our national parks – public access,” said Lummis, Vice-Chairman of the Congressional Western Caucus. “These activists groups often fail to remember our nation’s parks are specifically designated for the use and enjoyment of the people.”

“The new Yellowstone Winter Use proposal is overkill as far as protecting the resource and public values are concerned,” said Clyde Seely, a West Yellowstone operator of Lodging, Snowcoach and snowmobile concessionaire since 1971.  “With current restrictions and improvements in place, many more people should be able to visit Yellowstone.  Instead, compared to the current plan, the preferred alternative will deny access to over 22,000 potential snowcoach and snowmobile visitors each winter.  It will also have an equally negative economic impact on the gateway communities and surrounding states.”

The full letter is included below:

Dear Secretary Salazar:

We’re writing on behalf of our constituents who have raised concerns regarding the Department of the Interior’s Winter Use Plan Draft Environmental Impact Statement for Yellowstone National Park.

The issue of snowmobiles in Yellowstone National Park has been a long-running concern for many years.  Snowmobile guides and snow coach operators, including the hotels, restaurants and shops that attract business from their customers, need a flexible winter plan under which to operate.  Unfortunately, the draft plan includes several provisions that should be modified prior to moving forward with the final rule.

•    Snowmobile and snow coach operators must be able to select peak and non-peak use days according to supply and demand, not the National Park Service’s heavy handed mandates.  Under the proposed alternative, it’s our understanding that daily preset limits would result in a loss of 5,728 visitor snowmobile days compared to last year’s maximum daily limits.

•    With each of the three different cap levels, operators have expressed concern that they will incur substantial losses from being unable to fill the maximum daily allowance.  Giving operators the flexibility to vary group sizes within the margins of an annual limit would improve access without compromising the environmental impact.  Otherwise, outfitters would be forced to turn away customers during peak days.

•    We’re also concerned that ‘quiet time’ proposals will adversely impact visitor use due to the mandated 10:30 a.m. entry time.  These time restrictions will cause bunching and the appearance of overcrowding.  The Park’s resources would be better conserved by dispersing the concentration of traffic.  It’s also clear that some visitors prefer a shorter day spent in the Park, but this plan refuses to allow their entry before or after this arbitrary time frame. 

Over the past decade, much progress has been made to reduce snowmobile pollution in Yellowstone.  New technological advances and stricter emissions requirements have aided this effort.  While we appreciate these advancements, we cannot ignore the small business owners who depend on consistent regulations to guide their operations.  After years of administrative rulemaking and judicial wrangling, we encourage you to put forth a plan that helps ensure the long-term viability of our gateway communities.

Thank you for your attention to this matter.  If we can be of further assistance, please don’t hesitate to contact us.