[MCN] The interface of collaboration and litigation

[John Meyer]

The word "collaboration" has become a lightning rod within the conservation community. Some people think of it as a way to sit down and look for common interests to help solve difficult problems while others think it is a way to marginalize groups and sidestep environmental laws. I’d like to take a closer look at one on-the-ground example of collaboration and litigation. 

EDUCATION

      - Litigation

Cottonwood is representing small conservation groups in litigation that seeks to enjoin domestic sheep grazing in the Gravelly Mountains. The grazing prevents MT FWP from reintroducing bighorn sheep because domestic sheep carry diseases that will quickly kill an entire bighorn herd. The grazing is also responsible for killing grizzly bears, wolves, foxes, coyotes and other wildlife. The grazing prevents people from hiking with pet dogs and mountain biking for fear of being bitten or attacked by guard dogs. 

Over the last several years I’ve learned that if you want court wins to stick, you also have to win in the court of public opinion. That is why the I sent a letter on behalf of the conservation groups to the domestic sheep permit holders before we filed the lawsuit asking them to sit down and discuss economic compensation in exchange for retiring the permits. A "buy-out" would allow the public and wildlife to use over 50,000 acres of public land in the Gravelly Mountains. I am waiting on the permit holders’ attorney to respond to my latest offer to sit down and discuss permit retirement.  

We are currently in the Ninth Circuit asking the court to enjoin the sheep grazing. Even though we won on two of our three claims in district court, the grazing was not stopped. When completing the analysis on whether to enjoin the grazing, the district court did not weigh the fact that we offered to sit down with the permit holders to discuss economic compensation to retire the permits. 

    - Collaboration

Cottonwood became involved in the Gravelly Landscape Collaborative <https://gravellylandscapecollaborative.org/> about a year and a half ago because we were interested in tackling the domestic sheep grazing issue in the Gravelly Mountains outside of federal court. 

According to our Collaborative’s website:

Our collaborative approach with diverse participation can foster trust, effective communication, and transparency in public forest management. By focusing on issues within a zone of agreement, we can advance stewardship that addresses current threats to our forests and benefits wildlife, local economics, and clean water. Consensus driven problem solving presents a better way forward on our public forests than conflict, litigation, or inaction.

Despite repeated requests from Cottonwood and the small NGOs to address the domestic sheep grazing conflicts, the Gravelly Landscape will not address the issue. Instead, the Gravelly Landscape is focusing on a collaborative timber sale in the Tobacco Roots Mountains, which many would agree is not part of the Gravelly Landscape. 

The Greater Yellowstone Coalition is also part of the Gravelly Landscape Collaborative <https://gravellylandscapecollaborative.org/>. They are the conservation partner in the group. I recently asked the facilitator to add an item on the agenda that discusses why they are the conservation lead when t <http://greateryellowstone.org/blog/2019/shear-and-shred>h <http://greateryellowstone.org/blog/2019/shear-and-shred>ey support the domestic sheep grazing that is responsible for killing grizzly bears <http://greateryellowstone.org/blog/2019/shear-and-shred>. The facilitator will not add the item to the agenda. 

Approximately half of all participants of the Gravelly Landscape Collaborative meetings are Federal and State officials. There is talk of a Federal Advisory Committee Act lawsuit. 

CONVERSATION STARTER

-  Do you think the Gravelly Landscape Collaborative should continue if the partners won’t address current threats to wildlife such as domestic sheep grazing? 

- If you think the Gravelly Landscape Collaborative should continue, do you think the Greater Yellowstone Coalition should be the conservation representative, given the organization supports the grazing that is responsible for killing our wildlife?

- Do you think large foundations that provide grant support to GYC know it supports activities that are responsible for killing wildlife? 



John Meyer
Executive Director & General Counsel 
Cottonwood Environmental Law Center
P.O. Box 412 Bozeman, MT 59771
John at Cottonwoodlaw.org
(406) 546-0149

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