Category Archives: Land

Newspaper column Thomas Mitchell : Zinke’s national monument modifications too modest

Frankly, Interior Secretary Ryan Zinke’s memo to President Trump recommending modifications to a few national monuments — including the 300,000-acre Gold Butte National Monument in Clark County — is far too modest, but it has the Democratic contingent of Nevada’s Washington delegation squealing like a pig stuck under a gate.

Zinke recommended unspecified changes to the Gold Butte boundaries but totally ignored the massive 700,000-acre Basin and Range National Monument that straddles the border between Nye and Lincoln counties, even though members of the Congressional Western Caucus recommended reducing it to 2,500 acres — “the smallest area compatible,” as the law says, to protect the Indian petroglyphs there.

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Bunkerville Standoff: Make This Case Go Away!

The pressure from the elected officials and the public have made a dramatic difference in the Bunkerville Standoff case. Plea deals are being offered for multiple defendants this week.

Rumors abound that the prosecution is acting as if they have been told to “make this case go away”. There have been offers of plea agreements given to several defendants, including Ryan Payne, Pete Santilli, Eric Parker and Scott Drexler. There have been NO reports of any acceptance of offers, but negotiations continue.

Speculation is also running on possible plea agreements for other defendants scheduled for trial later, including Mel and Dave Bundy.

Now is the time to double-down on the letters and phone calls! Keep up the pressure! Let AG Sessions know what a miscarriage of justice this case has become. It is working!

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Corruption Continues in Upcoming Bundy Ranch Trial As Prosecution Asks Judge To Not Allow Defendants to Defend Themselves

The upcoming Bundy Ranch trial is already setting up as a display of the amount of corruption inside the federal court system.

The latest example of this corruption comes from Prosecutor Steven Myhre, who hasn’t made his case twice and is attempting it a third time on two defendants, which seems so clear to me to be a violation of the Constitution’s Double Jeopardy clause that Myhre should never be allowed to serve the people in any capacity ever again, along with Judge Gloria Navarro, who allowed it.

However, last week, Myhre submitted a twenty-six page request to the judge, which amounted to calling on the judge to suppress the defendants right to defend themselves.

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Judge rejects Cliven Bundy’s request to represent himself

A judge on Wednesday denied Bunkerville rancher Cliven Bundy’s request to represent himself at trial next month on charges related to a 2014 standoff with the Bureau of Land Management.

Defense attorney Bret Whipple, whom Bundy retained, filed court papers last week in which he asked to withdraw from Bundy’s case.

U.S. Magistrate Judge Peggy Leen asked Bundy a series of questions in order to determine whether he could act as his own lawyer in what is expected to be a lengthy trial with six other defendants.

When Leen asked whether Bundy was ready for the trial, set to begin Oct. 10, he replied, “Well I doubt it.” But he added that he was not asking to postpone the trial.

As the judge inquired further about his understanding of trial procedures, Bundy said, “I understand very little of it, but I reserve my right to do the best I can.”

Leen read through the charges against Bundy, while the acting U.S. Attorney detailed the possible sentences, which could land Bundy in prison for the rest of his life.

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Congress works to expand public lands access for hunting, fishing, outdoor shooting

Part of the effort to expand access to public lands is reforming the Equal Access to Justice Act, which is addressed in the current legislation. The Equal Access to Justice Act has been widely abused in recent years by radical special interest groups aiming to bury federal and state wildlife and land agencies in anti-lands management lawsuits, and get rich on taxpayer dollars while doing so.

Hunting in its various forms, fishing, and outdoor shooting are not just iconic American pastimes, they are essential to families who depend on the economic benefits these activities yield. Countless rural families depend on big game and fish as affordable sources of protein. And in the West, game and fish quarries are taken primarily from public lands. But it’s not just meat and fish harvested by anglers and game hunters that benefit families and foster self-reliance, it’s the commerce of outfitting and selling hunting leases that keep many ranchers, farmers and property owners afloat in a sea of fickle agricultural and real estate markets.

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Interior boss blasts fired Utah BLM law enforcement agent

In memo to Interior employees, deputy secretary makes example of controversial ex-Utah BLM lawman Dan Love, vow to clean up land agencies and protect those who report abuse.

A top Interior Department official has singled out the recent firing of a controversial Bureau of Land Management agent over Utah to illustrate a renewed commitment to hold accountable senior employees who misuse their official positions and to protect those who report such abuse.

Dan Love, who once led law enforcement for the BLM’s Nevada and Utah state offices, was fired not long after an Aug. 24 report from Interior’s Office of Inspector General (OIG) faulting him a second time for official misconduct, according to a memo circulated Friday by Deputy Secretary of the Interior David Bernhardt.

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Ken Medenbach seeks judge’s permission to attend Bundy trial in Nevada

Public lands occupier Ken Medenbach, who called the Bundys his heroes on the witness stand last fall, is urging a judge to allow him to attend their federal criminal trial in Nevada next month.

Medenbach’s probation officer already denied the request. On Tuesday, Medenbach’s defense lawyer filed a motion asking U.S. District Judge Michael J. McShane to overrule the probation officer and allow Medenbach to support the Bundys and attend their Nevada trial.

Medenbach is on probation following a 2016 conviction for illegal camping in Josephine County, a federal misdemeanor. He was acquitted last year of all federal charges stemming from his participation in the occupation of the Malheur National Wildlife Refuge in eastern Oregon.

Attorney Matthew Schindler argues there’s no justification to bar Medenbach from the fundamental right of attending a public trial in a highly-secure federal court in Nevada, and Medenbach poses no threat to public safety.

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Portland Man who threw flare into cop car during May 1 protests gets 5 years?

A 23-year-old man who threw burning flares into a Portland police cruiser and the downtown Target store during May 1 protests that overran downtown Portland admitted guilt Monday and will be sentenced to five years in prison.

A local TV station aired live footage of Damion Zachary Feller hurling a flare through a shattered picture window at Target, prompting employees to run with fire extinguishers to put out a burning section of carpet. TV and cellphone cameras also caught Feller throwing a flare through the shattered window of a battered police SUV parked across the street from Target, at Southwest 10th Avenue and Morrison.

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The Bunkerville Prosecution Panic Attack

Late night filings by the Bunkerville Prosecution team has shown there will be a repeat performance of an Unconstitutional trial taking place beginning October 10th in Las Vegas.

As in the previous two trials, of which the jury acquitted the defendants of the majority of charges, the prosecution has filed a last minute 26-page motion to exclude any type of defense these men might attempt.

The prosecution has motioned to force the defense, from the beginning of jury selection, into opening/closing arguments, and including all direct and cross examination of witnesses, to NOT bring up anything they deem to not have any foundation in the law, including Self defense.

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Navajo tribe says ready to sue Trump over changes to Utah monument

The Navajo Nation will sue the Trump administration if it tries to reduce the size of the Bears Ears National Monument in Utah, its top lawyer told Reuters on Thursday, ahead of the release of a broad government review of such sites across the country.

President Donald Trump had ordered the Interior Department to examine whether 27 national monuments designated by past presidents could be reduced or rescinded to make way for oil and gas drilling and other economic development.

The results have not been announced, but a leak of the review obtained by the Washington Post shows the Interior Department will recommend shrinking some sites, including Bears Ears, a 1.35-million-acre wilderness that the Navajo and other tribes consider sacred.

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Lawsuit challenges BLM’s oil leases, including Nye County

The Center for Biological Diversity and the Sierra Club filed a lawsuit this week challenging the U.S. Bureau of Land Management’s June sale of oil and gas leases in parts of Nevada, including Nye County.

On June 14, the BLM offered nearly 200,000 acres of public lands in Nevada’s Battle Mountain district for fossil fuel development, including fracking. Among the affected areas are Big Smoky and Railroad valleys in Nye County, Diamond Valley in Eureka County and the Diamond, Fish Creek and Sulphur Creek mountain ranges.

The lawsuit, filed Monday in the federal court district of Nevada in Reno, alleges the BLM failed to consider the potential consequences of oil drilling in the area, from contamination of critical desert water sources to increased seismic activity and emission of climate-altering greenhouse gases.

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Thomas Mitchell: Zinke recommendation to reduce Gold Butte Monument size met with usual blather

by Thomas Mitchel September 20, 2017 Interior Secretary Ryan Zinke’s memo to President Trump recommending an unspecified reduction in size of several recently created national monuments — including the 300,000-acre Gold Butte National Monument in Clark County — has sent the usual suspects into apoplexy. Democrat Rep. Ruben Kihuen, whose district includes Gold Butte, screeched, “The latest leaks from this administration show that once again Secretary Zinke is ignoring the will of Nevadans by recommending that the size of Gold Butte National Monument be reduced. This decision will not only be detrimental to Nevada’s economy and shared cultural heritage, but it is […]

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Property rights attorney to lead BLM

Perhaps the most interesting aspect of Budd-Falen’s appointment to head up BLM is the stark contrast between her background and that of Obama’s BLM Director, Neil Kornze. While Budd-Falen has decades of broad experience in law, natural resources policy, and Western property rights, Neil Kornze’s primary experience was as a political staffer for then-United States Senator, Harry Reid. Budd-Falen’s appointment, the firings and reassignments of thousands of Interior employees, Zinke’s monuments revisions, and new emphasis on responsible development of public lands, all signal a serious change of direction for the Bureau of Land Management

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To Agree or Disagree Respectfully. Why is it so Difficult in Todays World?

Our country was founded over 200 years ago after enough colonists agreed that the rule by the King of England no longer made sense for the colonies.  They did not agree on every aspect of the how and the why, but they all agreed that it must change.  The biggest aspect of agreement and disagreement in the birth of our Nation was the right of each human to agree and disagree.  There foremost ideal that drove the creation of our constitution, can be said to be creating a government that could stand for and thrive while maintaining this and other freedoms.

This turned out to be a humongous task and goal. First and foremost the procedure and processes for dealing with disagreement had to be agreed upon. There will always be different beliefs and ideals.  However, most of all they understood that in order to have peace while preserving everyone’s ability to exercise their Freedoms, they must have a process and rules for dealing with Disagreement or conflicts of personal Freedoms between all people. This is where the concept of Liberty was created and defined. Liberty, for the sake of our constitution, would be the definition of civility and common agreement on how to deal with Freedoms in all situations, including when there is disagreement.

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Shrink at least 4 national monuments and modify a half-dozen others, Zinke tells Trump

WASHINGTON – Interior Secretary Ryan Zinke has recommended that President Trump modify 10 nationalmonuments created by his immediate predecessors, including shrinking the boundaries of at least four western sites,according to a copy of the report obtained by the Washington Post.

The memorandum, which the White House has refused to releasesince Zinke submitted it late last month, does not specify exactreductions for the four protected areas Zinke would have Trumpnarrow – Utah’s Bears Ears and Grand Staircase-Escalante,Nevada’s Gold Butte, and Oregon’s Cascade-Siskiyou – or thetwo marine national monuments – the Pacific Remote Islands andRose Atoll – for which he raised the same prospect. The two Utah sites encompass a total of more than 3.2 million acres, part of the reason they have aroused such intense emotions since their designation.

The secretary’s set of recommendations also would change theway all 10 targeted monuments are managed. It emphasizes theneed to adjust the proclamations to address concerns of localofficials or affected industries, saying the administration shouldpermit “traditional uses” now restricted within the monuments’ boundaries, such as grazing, logging, coal mining andcommercial fishing.

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Secretary Zinke signs Secretarial Order to Support Sportsmen & Enhance Wildlife Conservation

WASHINGTON – Today, U.S. Secretary of the Interior Ryan Zinke signed Secretarial Order 3356, which will support and expand hunting and fishing, enhance conservation stewardship, improve wildlife management, and increase outdoor recreation opportunities for all Americans. Secretarial Order 3356 is an extension of Secretarial Order 3347, issued on Zinke’s first day, March 2, 2017. That order identified a slate of actions for the restoration of the American sportsmen conservation ethic, which was established by President Theodore Roosevelt.

The new order comes days after the U.S. Fish and Wildlife Service announced a survey that found there are 2.2 million fewer hunters in America now than in 2011. The order seeks to improve wildlife management and conservation, increase access to public lands for hunting, shooting, and fishing, and puts a new and a greater emphasis on recruiting and retaining new sportsmen conservationists, with a focus on engaging youths, veterans, minorities, and other communities that traditionally have low participation in outdoor recreation activities.

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Ranchers urge permanent repeal of ‘Death Tax’

On September 8, the National Cattlemen and Beef Association (NCBA) issued a statement of support for President Trump’s tax reform proposals. Not surprisingly, the association, comprised largely of ranchers with small to medium private operations, is focusing ‘heavily on the death tax.’ Landowners, farmers and ranchers, are often property rich but cash poor, and the estate inheritance tax, known popularly as the ‘death tax’ is daunting to those who want to keep their land and ranching assets in the family. The NCBA statement says:

“We have a once-in-a-generation opportunity to enact truly comprehensive tax reform, and we can’t afford to let this opportunity pass or to get it wrong,” said NCBA President and Nebraska cattleman Craig Uden. “Family ranchers and farmers deserve a full and permanent repeal of the onerous death tax, which charges them in cash on the often-inflated appraised value of their property and equipment. This campaign will shine a spotlight on the stories of real ranchers who have had to deal with this issue, and it will also highlight current tax provisions that we need to maintain, such as stepped-up basis, cash accounting, and deducibility of interest payments.”

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Idaho lawmakers to Sessions: Drop it already

Republican Idaho representative Dorothy Moon and more than one-third of the other legislators in her state sent a letter to U.S. Attorney General Jeff Sessions encouraging him to drop the charges against two Idaho men being charged in association with the April 2014 “Bundy standoff, to establish a fair bail for one, and to give one a “time served” sentence.

Eric Parker and O. Scott Drexler, both from Idaho, have been tried twice in US District Court under Judge Gloria Navarro. Both trials resulted in a hung jury, and the men were both acquitted of most charges in the second trial.

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Welcome to the Bundy administration

Stone, however, is far from the only friend of the Bundy family in the Trump administration. In 2014, as Bundy’s followers were pointing rifles at law enforcement officers from the Bureau of Land Management, the future president himself told Sean Hannity, “I like him, I like his spirit, his spunk and the people that are so loyal,” adding that Cliven Bundy “ought to go out and cut a great deal.”

Now Cliven Bundy’s own lawyer could be headed for a plum job in the Trump administration — overseeing the very agency she and her former client have spent a lifetime trying to undermine. Attorney Karen Budd-Falen is rumored to be at the top of Interior Secretary Ryan Zinke’s list to run the Bureau of Land Management.

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Thomas Mitchell Editorial: Learn from the mistakes of the past, not erase them

This paroxysm of efforts to eradicate all monuments and place names that memorialize historic leaders of the Confederacy serves as merely a distraction from real problems, wasting time and money that could be devoted to worthy endeavors.

The latest target of this futile campaign appears to be the name of Jeff Davis Peak in Great Basin National Park.

According to the park’s website, the monicker was first attached to what is now Wheeler Peak, the tallest point in the park and the second tallest in Nevada. It was given that name by Lt. Col. Edward Steptoe of U.S. Army Corps of Topographical Engineers in 1855 while Jefferson Davis served as secretary of the War Department, a half dozen years before the Civil War began.

After the Civil War, during which Davis served as president of the Confederacy, an Army mapping expedition headed by Lt. George Montague Wheeler, named the peak for Wheeler and the Jeff Davis tag was shifted to a shorter nearby peak.

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Hyperloop One Claims First Successful Test, Pulls Two ‘G’s In Nevada Desert

Hyperloop One says it has successfully sent a vehicle inspired by Elon Musk’s near-supersonic transit concept down its ‘DevLoop’ test track using magnetic levitation for the first time.

The company claims this amounts to “the world’s first full systems Hyperloop test in a vacuum environment,” via a release sent to reporters Wednesday.

The test saw a sled coast down a track for just over 5 seconds, reaching 70 miles per hour and a level of acceleration that falls somewhere between a Bugatti and an amusement park ride. It doesn’t look like much, but the company says they’ve achieved their phase one target goal and the next phase will target speeds of 250 mph.

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Wild horse adoption event to feature Utah’s own Cedar Mountain and Sulphur horses

DELTA — The Bureau of Land Management and the Delta Wild Horse and Burro Facility will host an open house adoption Sept. 23 featuring wild horses gathered from the Cedar Mountain and Sulphur herd management areas in western Utah.

Approximately 180 horses, featuring Cedar Mountain weanlings and Sulphur yearling horses, will be available for adoption from 9 a.m. to 3 p.m.

“I encourage anyone that is interested in adopting a beautifully colored weanling to come visit the facility,” Heath Weber, Delta Wild Horse and Burro Facility manager, said. “This is one of the nicest bunch of young horses we’ve had at the facility in a long time.”

Facility gates will open at 9 a.m., with viewing until 10 a.m. Competitive bidding will begin at 10 a.m. All remaining animals will be available on a first-come, first-served basis at 11 a.m. For qualified adopters, the adoption fee begins at $125, then Adopt-a-Buddy for $25.

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Upcoming Bundy Ranch Trial: Prosecution Files First Documents And They’re Gonna Be Using Facebook & Youtube

The prosecution in the upcoming Bundy Ranch trial has filed its first documents, known as the Rule 16 document, which lists the witnesses they plan to call to testify, what their expertise is and what their specific testimony is to be about.

“RULE 16 IS REVISED TO GIVE GREATER DISCOVERY TO BOTH THE PROSECUTION AND THE DEFENSE. SUBDIVISION (A) DEALS WITH DISCLOSURE OF EVIDENCE BY THE GOVERNMENT. … THE LANGUAGE OF THE RULE IS RECAST FROM “THE COURT MAY ORDER” OR “THE COURT SHALL ORDER” TO “THE GOVERNMENT SHALL PERMIT” OR “THE DEFENDANT SHALL PERMIT.”

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How does Las Vegas prevent catastrophic floods? The answer is in this exhibition

In 1917, Marcel Duchamp turned a urinal on its back, signed it “R Mutt” and presented it as a work of art. The public was outraged. Even today, people believe that the Frenchman was making fun of artistic pretensions and that his work mocked old-fashioned ideas about tastefulness.

That’s true. But I also think that Duchamp was impressed with America’s plumbing. It’s just as interesting to think of his sculpture as an invitation to look at the ways cities in the United States channel water — pumping, flushing and dumping it, through pipes, aqueducts and rivers — to make modern life clean and safe.

That’s what “Desert Ramparts: Defending Las Vegas From the Flood” does. At the Center for Land Use Interpretation in Culver City, the eye-opening exhibition takes visitors on a trip through the desert around Las Vegas, where the Regional Flood Control District of Clark County has, during the last 30 years, overseen the construction of about 650 miles of concrete, rock and gravel channels and more than 100 detention basins, each the size of a small lake.

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