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Judge upholds elk feeding, from today's (August 25th) Casper Star Tribune.
By BOB MOEN
Associated Press writer
CHEYENNE -- A federal judge ruled Friday against several environmental groups in their attempt to stop Wyoming's program of testing elk for brucellosis and killing those with the disease.
U.S. District Judge Alan Johnson also denied the groups' request to order an environmental study of a dozen feedgrounds the state operates to help elk survive the harsh winters.
Tim Preso, the attorney for the Greater Yellowstone Coalition, the Jackson Hole Conservation Alliance and the Wyoming Outdoor Council, said the organizations were still studying the ruling and no decision had been made on whether to appeal.
"This ruling doesn't change the fact that the elk feeding in Wyoming is creating a serious disease problem and none of the federal or state agencies are addressing it," Preso said in a telephone interview Friday.
Wyoming Attorney General Pat Crank said that he hadn't read the entire ruling but that he was pleased.
The lawsuit ultimately would have forced the state to shut down the feedgrounds in question, an act that would have been detrimental to the elk, Crank said.
At issue is how the state deals with controlling the spread of brucellosis, a bacterial disease that can cause pregnant elk, cattle and bison to abort their fetuses.
Wyoming began its so-called "test-and-slaughter" program last year with the idea that culling diseased elk would slow the spread of brucellosis.
Environmental groups argue that the feedgrounds actually promote spreading of the disease because they congregate elk in small areas. In addition, they contend environmental studies would help stop the spread of chronic wasting disease, which exists elsewhere in Wyoming and is spreading north and west.
But ranchers support the feedgrounds because they help keep elk away from their cattle and stored feed during the winter. Wyoming has been operating the feedgrounds since 1929 and now has 22 in the western part of the state.
The lawsuit filed by the environmental groups against the U.S. Forest Service and the Bureau of Land Management targeted 12 of the feedgrounds, all of which are located on federal land but some of which never received federal permits.
But Johnson said he could not find any legal grounds to support the requests sought in the lawsuit.
"None of the agencies' actions were arbitrary, capricious, an abuse of discretion, not in accordance with law, or without observance required by law," he wrote in the 66-page opinion.
The Wyoming Stock Growers Association was concerned the real aim of the lawsuit was to shut down the feedgrounds.
Jim Magagna, executive vice president of the association, said Friday the feedgrounds are vital to the elk and ranchers.
"To have those suddenly discontinued would have been disastrous for the elk population and certainly disastrous for our ranchers in that area," he said.
By BOB MOEN
Associated Press writer
CHEYENNE -- A federal judge ruled Friday against several environmental groups in their attempt to stop Wyoming's program of testing elk for brucellosis and killing those with the disease.
U.S. District Judge Alan Johnson also denied the groups' request to order an environmental study of a dozen feedgrounds the state operates to help elk survive the harsh winters.
Tim Preso, the attorney for the Greater Yellowstone Coalition, the Jackson Hole Conservation Alliance and the Wyoming Outdoor Council, said the organizations were still studying the ruling and no decision had been made on whether to appeal.
"This ruling doesn't change the fact that the elk feeding in Wyoming is creating a serious disease problem and none of the federal or state agencies are addressing it," Preso said in a telephone interview Friday.
Wyoming Attorney General Pat Crank said that he hadn't read the entire ruling but that he was pleased.
The lawsuit ultimately would have forced the state to shut down the feedgrounds in question, an act that would have been detrimental to the elk, Crank said.
At issue is how the state deals with controlling the spread of brucellosis, a bacterial disease that can cause pregnant elk, cattle and bison to abort their fetuses.
Wyoming began its so-called "test-and-slaughter" program last year with the idea that culling diseased elk would slow the spread of brucellosis.
Environmental groups argue that the feedgrounds actually promote spreading of the disease because they congregate elk in small areas. In addition, they contend environmental studies would help stop the spread of chronic wasting disease, which exists elsewhere in Wyoming and is spreading north and west.
But ranchers support the feedgrounds because they help keep elk away from their cattle and stored feed during the winter. Wyoming has been operating the feedgrounds since 1929 and now has 22 in the western part of the state.
The lawsuit filed by the environmental groups against the U.S. Forest Service and the Bureau of Land Management targeted 12 of the feedgrounds, all of which are located on federal land but some of which never received federal permits.
But Johnson said he could not find any legal grounds to support the requests sought in the lawsuit.
"None of the agencies' actions were arbitrary, capricious, an abuse of discretion, not in accordance with law, or without observance required by law," he wrote in the 66-page opinion.
The Wyoming Stock Growers Association was concerned the real aim of the lawsuit was to shut down the feedgrounds.
Jim Magagna, executive vice president of the association, said Friday the feedgrounds are vital to the elk and ranchers.
"To have those suddenly discontinued would have been disastrous for the elk population and certainly disastrous for our ranchers in that area," he said.
