High Court Hears Grazing Case Wednesday

February 29, 2000

The U.S. Supreme Court is scheduled to hear a case Wednesday brought by cattlemen against Interior Secretary Bruce Babbitt over Babbitt’s changes in the nation’s grazing program. Arguments will be heard on grazing preference, range improvements and mandatory qualifications for a grazing permit applicant.

Suit was brought back in October 1995 when cattlemen sought relief from the regulations imposed by Babbitt earlier that year. U.S. District Judge Clarence Brimmer, Cheyenne, WY, ruled in favor of the cattlemen. The federal government appealed Brimmer's decision to the 10^th Circuit court of Appeals where it was overturned Sept. 1, 1998.

On Jan. 28, 1999, the appeals court rejected the cattlemen’s petition for a rehearing, setting the stage for the U.S. Supreme Court to hear the case.

Cattlemen argue that Babbitt acted beyond his authority in issuing rules that redefined the term "grazing preference" to mean "permitted use" which effectively threatens ranchers’ livelihoods, say cattlemen. Grazing preference, a part of federal law, simply means that a portion of federal rangeland is designated for livestock grazing. That is separate and distinct from the annual process in which those with grazing permits work with federal agencies on stocking rates for each permit.

They also argue that Babbitt acted beyond his authority in issuing a rule that gives the federal government title to new range improvements built and paid for by grazing permit holders on federal lands. "Western family ranchers have paid for and built tens of thousands of watering sties and other range improvements such as fences, wells, pipelines and stock tanks on federal lands," says the National Cattlemen’s Beef Association.

"If grazing permittees have title to their range improvements, grazing permits become more valuable and provide more financial security to ranchers and lenders."