Category Archives: Land

Recently freed rancher Cliven Bundy sues Nevada, Clark County

Lifelong Southern Nevada rancher Cliven Bundy, recently cleared of federal charges and freed from jail after nearly two years, has turned his sights on state and county government.

In a lawsuit filed Thursday in Clark County District Court, Bundy claimed that former President Barack Obama’s late 2016 establishment of the Gold Butte National Monument, which occurred while the rancher was in federal custody, was “as illegal as it is unlawful” and would preclude him from continuing to function on his land “and destroy the petitioner’s livelihood.”

Bureau of Land Management officials in Las Vegas postponed discussion of the monument at its meetings this month until the Trump administration decides on possible changes to the Obama-era land designation.

“Recognizing that the land is not owned by the United States of America, (Bundy) has avoided erroneously giving money to an entity which does not actually own the land and has been careful not to give money erroneously to a stranger to the land,” according to the rancher’s lawsuit. “Thus, there is an actual, significant legal controversy of great consequence not only to petitioner in terms of as to whom has ownership and jurisdiction of the land but to People of Nevada and Clark county, the rightful owners of Nevada land.”

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Wrongful Death Civil Suit Filed on the The Second Anniversary of Lavoy Finicum’s Murder in Oregon

Today,  Attorney Morgan Philpot, representing Jeanette Finicum, widow of Lavoy Finicum Shot and Killed at blind curve roadblock by Oregon State Police and FBI agents on January 26th, 2016, filed the attached Civil Demand for a Jury Trial in Oregon Federal District Court.

Lavoy was driving his truck with passengers Ryan Bundy, Shawna Cox, Victoria Sharp and Ryan Payne, to a meeting with Sherrif Glenn Palmer in John Day.  The murder and arrests marked the beginning of the end to the Malheur Wildlife Refuge in Harney County Oregon.

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Rebuke of U.S. attorneys in Cliven Bundy case: ‘Every prosecutor’s nightmare’

The lead prosecutor in the Nevada standoff case against Cliven Bundy, two of his sons and a fourth alleged ringleader told a jury in his opening statement last month that the case centered on the need to respect the rule of law.

Five weeks later, it was the prosecution team’s abuse of the rule of law that sunk the case, leading to a judge’s declaration Wednesday of a mistrial.

U.S. District Judge Gloria M. Navarro methodically listed the prosecution’s six separate violations of the Brady law, which requires turning over evidence potentially favorable to the defense. The judge further ruled that each violation was willful.

If ever there was a time when federal prosecutors needed to make sure they acted with complete integrity it was in the high-stakes Bundy case, legal observers say. The defendants already held a deep suspicion of the government and had successfully rallied followers to their cause.

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AG Sessions orders examination of Bundy case after mistrial over prosecution bungling

Attorney General Jeff Sessions stepped into the Bundy prosecution after Wednesday’s mistrial, ordering a third-party examination of the case in light of the latest government snafu.

“The attorney general takes this issue very seriously and has personally directed that an expert in the [Justice Department’s] discovery obligations be deployed to examine the case and advise as to the next steps,” said Ian D. Prior, the department’s principal deputy director of public affairs, in a late Wednesday statement.

The decision to intervene came after Chief U.S. District Court Judge Gloria Navarro declared a mistrial over the government’s “willful failure to disclose information” to the defense, saying it would have been “impossible” for the four co-defendants to receive a fair trial.

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The Bundy Affair #23 – Larry Wooten – Ethical Government Employee, and Rare

I received in the mail, with no return address, an 18 page email that I had heard about. However, the details in what I had heard were minimal, at best. But, having the whole 18 pages, I find that the initial, or original email was only 17 pages.

In an undated email from Larry Wooten to Andrew D. Goldsmith, Associate Deputy Attorney General, National Criminal Discovery Coordinator, Wooten writes of many misdeeds in the entire Gold Butte Impound Operation, that being the operation that unfolded near Bunkerville, Nevada, back in early April 2014.

In a cover email, the eighteenth page, to Steven Myhre, United States Attorney for the Nevada District, in a forwarded email, the 17 page emails is included for a total of 18 pages. Wooten explains in the cover email that his superiors, his chain of command, would not deal with what he had presented to them. I’m not quite sure why he sent it to Myhre, since Myhre is implicated in the information, along with any others.

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BLM investigator alleges misconduct by feds in Bundy ranch standoff

Prosecutors shared it last week with defense lawyers for Bundy, his two sons and co-defendant Ryan Payne as they were in the midst of their conspiracy trial, but it’s not part of the public court record.

The memo prompted Cliven Bundy’s lawyer to file a motion early Monday to dismiss the case, already in disarray over concerns raised previously about the government’s failure to promptly share evidence with the defense.

The judge sent the jury home for more than a week as she tries to sort out the claims and prosecutors scramble to save their case.

The memo comes from Larry Wooten, who had been the lead case agent and investigator for the U.S. Bureau of Land Management after the tense confrontation outside the patriarch’s ranch near Bunkerville. Wooten also testified before a federal grand jury that returned indictments against the Bundys. He said he was removed from the investigation last February after he complained to the U.S. Attorney’s Office in Nevada.

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Thomas Mitchell: What to do about wild horses? Part 2

In his newly published book, “Wild Horse Country,” writer David Philipps offers his suggestion for what to do about the overpopulation of wild horses in the West, which are overgrazing the open range: “The solution is mountain lions.”

Realizing that this will leave horse-huggers aghast and cause cattle and sheep ranchers to gasp, Philipps forges ahead, “For decades, the BLM has said the wild horse has ‘no natural predators.’ … But the same people who have long dismissed using predators to control horses as impossible have never made an attempt to understand it. They have likely been too busy rounding up and storing horses. If they took the time to look into the idea of mountain lions, they would see that research on the ground contradicts the conventional wisdom.”

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Interior secretary recommends shrinking Gold Butte

Interior Department Secretary Ryan Zinke on Tuesday recommended shrinking the boundaries of Gold Butte National Monument in a move that distressed conservationists, who have fought for years to protect the land near Mesquite. Zinke’s report came one day after the president slashed the size of two national monuments in Utah, a move that has already sparked a lawsuit.
Compared to the wholesale changes the president approved in Utah, any adjustments to Gold Butte are expected to be minor. But Zinke’s recommendations, although similar to a leaked draft in September, carry a symbolic weight for the area. They signal a major reversal of public lands policy that comes almost exactly one year after President Obama designated the nearly 300,000 acres that start about 10 miles from the site of the 2014 Bundy standoff.

“We will fight it in court,” Patrick Donnelly, Nevada state director at the Center for Biological Diversity wrote in an email. “And we will win.”

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Southern Nevada District Resource Management Plan/Environmental Impact Statement is being revived for the first time since 2014.

LAS VEGAS – The Bureau of Land Management requests public input for a Revised Draft Southern Nevada District Resource Management Plan/Environmental Impact Statement. 

The BLM has determined that a Revised Draft RMP/EIS should be developed and an opportunity for public input is needed to gather additional information on the areas of renewable energy, Areas of Critical Environmental Concern, lands with wilderness characteristics, land tenure adjustments (land disposals), Gold Butte National Monument, and socio-economics. 

Opportunity to provide input is offered from now until February 2, 2018. During this period, the BLM will conduct public meetings to present information and provide for the opportunity for public input. The Revised Draft RMP/EIS will incorporate substantive comments received from the initial Draft RMP/EIS and information received from the public input period and meetings. 

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Thomas Mitchell: Constitution stretched to the breaking point

If words can mean anything anyone says they mean, then words are meaningless. That is what the 10th U.S. Circuit Court of Appeals has done with the Commerce Clause of the Constitution.

The appellate court overturned a federal judge who found that the Commerce Clause does not give Congress the power under the Endangered Species Act (ESA) to regulate a species that exists only within the boundaries of one state and has no commercial value whatsoever — specifically the Utah prairie dog.

Nevada has joined with Utah and 21 other states to ask the U.S. Supreme Court to strike the circuit court ruling, saying that if the ruling stands “then Congress has virtually limitless authority, and the Tenth Amendment is a dead letter,” as well as the concept of federalism. (prairiedogamicusbrief)

If Nevada is to have any control over any economic activity within its borders, which include numerous endangered and threatened species, it is vital that the high court reverse this Constitution-rendering exercise in legerdemain.

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Prosecutors ordered to share reports on any camera, armed officers’ surveillance outside Bundy ranch

LAS VEGAS — Prosecutors in the Bundy trial must provide information by noon Saturday on all armed federal officers who did surveillance outside the Bundy ranch and any cameras capturing images of the Bundy home between March 1 and April 12, 2014, a judge ordered Wednesday.

The information must be turned over to the defense.

It could help Cliven Bundy, sons Ammon Bundy and Ryan Bundy and co-defendant Ryan Payne challenge the allegation that they used “deceit and deception” to encourage supporters to come to the ranch by saying the house was surrounded, federal snipers were outside the home and the family felt isolated.

Defense lawyers said they learned for the first time on Tuesday of two federal officers dressed in camouflage and armed with AR-15 rifles posted outside the Bundy residence at night.

That information was contained in a written report that they received from the U.S. Attorney’s Office in preparation for Wednesday’s hearing on disputed discovery evidence.

“Wouldn’t it be important for the defense to know FBI agents are overlooking the Bundy residence with an AR-15?” asked Brenda Weksler, one of Payne’s defense lawyers. “How do we not have this until yesterday?”

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Thomas Mitchell: A jury of their peers? Hardly

A federal jury is set to begin hearing opening statements Tuesday in the trial of four defendants in the Bunkerville standoff.

There are six women and six men on the jury and there are four alternates, three men, and a woman.

The judge said the trial is expected to take four months. A number of potential jurors were dismissed because they could not take four months out of their lives to devote to the trial. How many people can or are willing to? Is it a jury of their peers?

On trial is rancher Cliven Bundy, 71, sons Ammon Bundy, 42, and Ryan Bundy, 45, and a self-styled militia member Ryan Payne, 34, who showed up to protest the confiscation of Bundy’s cattle by the BLM. They are charged with conspiracy, extortion and various firearm charges. They have all been jailed for going on two years.

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Eric Parker To Plead To a Misdemeanor

The Trial of the Century has gotten a little bit smaller.

Currently, 6 men are expected to be tried in the Bunkerville Standoff trial expected to begin jury selection on October 30th. Cliven Bundy, his sons Ammon and Ryan, as well as Ryan Payne are ready. Eric Parker and Scott Drexler are scheduled for their third trial, after two previous trials this year resulting in acquittals and deadlocked verdicts.

But Parker and Drexler have been offered plea agreements by the government that will allow them to close the book on this chapter of their lives.

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BLM experiments with ‘flexible’ grazing permits

The Bureau of Land Management is taking applications from Western states to test outcome-based grazing, which enables ranchers to manage according to current conditions rather than rigid permit requirements. BOISE — Mike Courtney may finally get the chance to implement a more common-sense grazing approach to controlling weeds and minimizing the wildfire risk in the Berger Resource Conservation Area.

Courtney, manager for the Bureau of Land Management’s Twin Falls District, will apply to include the grazing area south of Buhl in a BLM pilot project, testing a new approach intended to increase flexibility in grazing permits.

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Thomas Mitchell Newspaper column: Bill would limit power to create national monuments

The House Committee on Natural Resources this past week approved a bill sponsored by Utah Republican Rep. Rob Bishop to rein in the powers granted by the Antiquities Act of 1906 that allow a president to unilaterally create huge national monuments.

The bill advanced on a party line vote of 27-13, with Democrats in opposition.

The bill, H.R. 3990, the National Monument Creation and Protection Act, amends the Antiquities Act to limit the size of future monuments and specifically grants the sitting president the power to reduce the size of existing monuments — a power Democrats have argued President Trump does not have under current law.

During his administration President Obama created 26 national monuments totaling more than 500 million acres — including the 700,000-acre Basin and Range National Monument on the border of Lincoln and Nye counties and the 300,000-acre Gold Butte National Monument in Clark County.

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More than a third of National Park Service employees harassed at work; Zinke calls for accountability, transparency

ST. GEORGE — Federal officials on Friday released the results of a survey in which 39 percent of National Park Service employees said they had experienced harassment or discrimination on the job, then vowed to take immediate action to deal with the problem.

“From day one, I made it clear that I have zero tolerance for harassment in the workplace, and I directed leadership in the National Park Service to move rapidly to improve accountability and transparency,” Secretary of the Interior Ryan Zinke said. “All employees have the right to work in an environment that is safe and harassment-free.

“I’ve removed a number of people who were abusive or acted improperly that other administrations were too afraid to or just turned a blind eye to. Under my leadership, we’re going to hold people accountable. We are also fixing the problem of victims being afraid of retaliation or inaction by codifying the right for victims to report abuse to any manager in any location across the service, and by bringing on an independent, investigative partner.”

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Declining populations of threatened bull trout along two rivers in Oregon’s Malheur National Forest were not caused by grazing authorizations, a federal judge has ruled.

Environmentalists have failed to prove that grazing along two rivers in Oregon’s Malheur National Forest unlawfully harmed the threatened bull trout, according to a federal judge.

U.S. Magistrate Judge Paul Papak has found that the U.S. Forest Service’s grazing authorizations along the Malheur and North Fork Malheur rivers haven’t violated environmental laws.

Papak has recommended dismissing a lawsuit filed against the agency by the Oregon Natural Desert Association and the Center for Biological Diversity.

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Post-Las Vegas Shooting Proposed Jury Questions

With the recent events in Las Vegas on 10-1-2017 and the trial postponed the defendants in the Bundy Trials were offered an opportunity to submit additional questions for a follow-up jury questioner. Below are the questions submitted so far.

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Cliven Bundy: Feds don’t own Western states

Larry Klayman shares news in battle over land seized illegally by U.S. government. Events important for preserving America’s Constitution will be soon unfolding. Nevada rancher Cliven D. Bundy’s federal trial will finally begin in Las Vegas, Nevada, for a 2014 peaceful protest in support of the Constitution some incorrectly called “The Battle of Bunkerville.”

In fact, there was no battle from the standpoint of the peaceful protesters. Rather, it was the federal government – then run by former President Barack Obama – that threatened the Bundy family’s lives, beat the heck out of the sister of Cliven Bundy, Tasered his two sons, violently kicked the family dog and killed many of their cattle, burying them in a mass secret grave.

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Antiquities Act weakens rural communities by robbing them of lands

GOP Sen. Mike Lee of Utah said Wednesday that the Antiquities Act of 1906 represents the kind of collusion among special interests, bureaucrats and the executive that he was elected to fight.

“[The Antiquities Act] is an attack on our republican form of government that weakens rural communities by robbing them of agency and opportunity on the surrounding lands,” Lee said in a speech at a joint Heritage Foundation and Sutherland Institute event Wednesday on abuses of the Antiquities Act. “What is needed is wholesale reform of the Antiquities Act, to return its monumental power back to where it belongs: To the people who reside closest to the proposed monuments.”

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BLM Potential chief clashed with agency, represented Bundy

Wyoming-based property rights attorney Karen Budd-Falen yesterday acknowledged she is under consideration to become the next director of the Bureau of Land Management but said she has yet to determine if she would want to take the helm of the agency she has clashed with throughout her career.

Budd-Falen, who spoke with E&E News from her Cheyenne, Wyo., law office, said she has spoken with Interior Secretary Ryan Zinke about the post, although she does not know when the Trump administration will select a nominee.

A spokesman for the Interior Department said this week he did not have any information on potential nominees or the selection process.

But while Budd-Falen, who served on the Trump administration’s transition team at Interior, acknowledged that she is interested in leading the agency, she added that she is torn about potentially leaving her home state.

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Defendant in Bundy ranch standoff, weapons case argues Las Vegas massacre would bias jury

An unusual ripple effect of the mass shooting that left 58 people dead and hundreds wounded along the Las Vegas Strip on Sunday is that it could have implications for a high-profile federal trial that is set to begin here next week — a case that also involves weapons.

A Montana militiaman who is accused of weapons charges and conspiring against the U.S. government asked a federal judge this week to delay his trial by 60 days because of the Las Vegas shooting. The charges against Ryan Payne stem from the 2014 Bundy ranch standoff in Bunkerville, Nev., and the trial is slated to start with jury selection Oct. 12.

On Thursday, Payne’s attorneys filed an additional motion, seeking to move the trial out of Las Vegas and to a different venue nearly 450 miles away: the federal courthouse in Reno, Nev. They argued that it would be impossible to seat a fair jury in light of the gun-related massacre.

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Trump okays emergency wildfire funding, urges quick Forest Service reforms

On the afternoon of October 4, President Trump’s Budget Director, Mick Mulvaney, announced the Administration would work with Congress to fund $577 million in supplemental wildfire disaster relief. The announcement came shortly after 32 members of the Congressional Western Caucus submitted a letter to the Office of Management and Budget (OMB), calling for a swift response to the nation’s wildfire crisis. With the approval for funding also came a request from the Trump Administration for quick Forest Service management and budgeting reforms to correct the failed policies which have resulted, in part, in this year’s devastating wildfires.

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Deep State at the Department of the Interior

Ryan Zinke, the secretary of the Interior Department, said that almost a third of his agency’s employees aren’t exactly President Donald Trump supporters — or fans of the American flag, for that matter.

Holy cow. Why are they still there? Talk about a deep state.

It’s one thing to work in the federal government for people with whom you politically disagree. It’s another thing entirely to work in the federal government of a country you don’t entirely support.

In a different day, a different time, that’d be cause for a red flag followup from U.S. intel agents concerned about government collapse or takeover from communist-aligned enemies, or otherwise anti-American forces.

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