Having spent the better half of 30 years actively engaged in the livestock grazing industry, as well as serving as an officer and as the current president of the Public Lands Council (PLC), I have traveled to our nation’s capital numerous times.
However, my most recent trip to Washington, D.C. was different than the rest. I visited not to sightsee or to attend an organized PLC event, but to testify before the U.S. House of Representatives. My message was simple; federal land management policy has failed to adapt with the livestock industry.
As I sat before Congress, I stressed that ranchers are the most efficient land conservationist. Despite our integral role in land management, the current federal land management policy fails to capitalize on our industry.
Today, policy is plagued with inflexibility, acting as an anchor by inhibiting well-intended agency personnel from working with ranchers to implement proactive management practices. This is an opportunity the government cannot afford to overlook.
It was vital I share our industry’s concern with the weaponizing of federal lands policy by fringe environmental groups looking to run animal agriculture out of business. The most common example of fringe environmental groups abusing this policy is through the National Environmental Policy Act (NEPA). The NEPA process is no longer used as an environmental safeguard, but rather, it is a process groups have used to criticize and cripple the ranching community. Simple improvements such as repairing a fence line result in court orders and outlandish legal fees. For a rancher hoping to plan for the future, there is no certainty.
I also cited the Endangered Species Act (ESA) as another policy in desperate need of modernization, emphasizing the clear overlap of organizations filing lawsuits against the Fish and Wildlife Service (FWS) and those petitioning for species listings. The Center for Biological Diversity, Defenders of Wildlife, and WildEarth Guardians are responsible for 80 of 145 active petitions for listing. This is not a coincidence.
These groups are using the petition backlog to trigger lawsuits. They realize the backlog means it is only a matter of time until the clock runs out for FWS to respond to their petition. When the agency fails to meet the deadline, they litigate.
While the government incurs expense through this process, the Equal Access to Justice Act (EAJA) ensures those litigating the government are not subject to legal fees. This loophole creates an endless cycle of abuse where the government funds the efforts of fringe-environmental groups who have hijacked the system.
If these groups wanted real conservation on the ground, they should work with ranchers. Our livelihoods depend on the land and its health. This includes entire ecosystems. Thankfully, Sen. John Barrasso’s (R-WY) ESA Amendments of 2018 address this, looking at conservation through the lens of locals. This bipartisan policy has the support of conservation, recreation, and industry groups, as it follows the Western Governors Association’s three-year ESA initiative.
While Barrasso’s ESA Amendments are an important step, there is still work to be done. Ranchers will go out of business if the status quo remains. The stage is set, and Congress is listening. Join me in pushing for the much-needed federal land management policy reform to ensure livestock have a bright future in the West. — Dave Eliason, Public Lands Council president
