BUNKERVILLE, Nev. -- Progressive groups cried foul when a federal judge released Cliven Bundy last week, but others say justice was served - even if the debate continues over federal control of public lands.
U.S. District Judge Gloria Navarro found that the prosecution intentionally withheld evidence and ruled the case cannot be retried. Bundy was accused of inciting an armed insurrection in 2014 after the federal Bureau of Land Management tried to remove his cattle from federal land over unpaid grazing fees.
Maria-Theresa Liebermann, deputy director of the group Battle Born Progress, said this only emboldens those who break the law and threaten public lands.
"Twice they have decided to attack our federal public lands, attack the folks that are simply trying to do their job to protect them, and they got off scot-free, and it's not right,” Liebermann said. "They're domestic terrorists, and they should have been held accountable."
Two of Bundy's sons also beat charges related to the armed seizure of a federal wildlife refuge in Oregon that turned violent. Several of his supporters won their criminal cases; others have yet to go to trial.
Bundy argued that the federal government has no right to own public land or charge grazing fees, and he wants to see the state take over control of federal public lands. Three federal judges have rejected that argument.
University of Nevada-Las Vegas law professor Ian Bartrum said the government had a strong case against the Bundys, but badly bungled the prosecution.
"It's surprising the way that the government handled the prosecution,” Bartrum said. "I was shocked to hear all the things that came out in the early phases of the trial that stopped the trial and eventually led Judge Navarro to dismiss the case with prejudice. I think it was a fair reason to dismiss the case."
Kieran Suckling, executive director of the Center for Biological Diversity, said the judge made a fair decision, but he feels that doesn't exonerate the Bundys.
"We have to have fair trials in this country. Our democracy depends on it,” Suckling said. “Because if people don't believe they're going to get a fair trial, that's when they take up guns."
Suckling said it sets a terrible precedent to allow the Bundys to illegally profit from lands that belong to everyone - and she thinks the Bureau of Land Management should round up Bundy's cattle, even at the risk of another standoff.
Sam Toll with the Libertarian Party of Nevada takes issue with the idea of public lands at all, and said he thinks all government land should be sold off.
"Whether it's the BLM or it's the state of Nevada, we don't think that public land should actually exist,” Toll said. "We think that they should be held privately, and private property is a fundamental sort of right and certainly not a fundamental place for any government to be in."
Cliven Bundy has called on the county sheriff to protect him from federal agents, but the Clark County Sheriff said he recognizes federal authority and will not intervene. It is unclear how the BLM under the Trump administration will proceed.
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A court is soon expected to decide a Wyoming case between hunters and landowners which could affect public land access.
When a group from Missouri went hunting near Wyoming's Elk Mountain in 2021, they navigated a checkerboard of land ownership, using a ladder to cross a privately-owned 'corner' from one public parcel to another. The landowners, who live in North Carolina, sued the hunters for trespassing in a case now before the U.S. Tenth Circuit Court of Appeals.
Sam Kalen, professor of law at the University of Wyoming, said there are two major issues in this case. One involves what is known as the Unlawful Inclosures Act, a federal law preventing private landowners from obstructing access to public land.
"There's a good chance that the 10th Circuit's going to, you know, maybe adopt some sort of 'unreasonable' test," Kalen predicted. "Suggesting that landowners can't do things that result in sort of a nuisance or unreasonable interference with any access to public lands."
The other issue, Kalen noted, is trespassing, which is a matter of state law. A Wyoming federal judge ruled the hunters were not trespassing in a decision last year. More than 8 million acres of public lands in the West are "corner-locked," according to recent data.
The court's decision could affect other states in the Tenth Circuit, especially those with similar landholding patterns, including Colorado, New Mexico and Utah. An appeal of the decision would next go to the U.S. Supreme Court, but Kalen noted it likely would not be heard.
"The court doesn't take up that many public lands cases," Kalen acknowledged. "There's no conflict in the circuits, which means that the court would have to conclude that it's really serious, national significance."
Kalen added the case is unique to typical hunting encounters in Wyoming, as both parties are from out-of-state.
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The Ohio Environmental Protection Agency is awarding $271,000 in grants for environmental education projects across the state.
The programs will teach people about wetlands, water quality, biodiversity, habitat restoration and ways to maintain home drinking water and septic systems. One of the recipients, Black Swamp Conservancy, is getting nearly $35,000 to train teachers and provide educational materials for students.
Laura Rodriguez, the conservancy's events coordinator, said this grant is important because it helps get kids and teachers outside and interested in nature.
"Outdoor learning increases students' physical, mental and social health, as well as their overall academic performance, but also fosters this ethic of care," she said. "We're helping to raise that next generation of active citizens who understand the importance of taking care of our shared landscape."
The program aims to equip teachers with resources to enhance student learning experiences through nature-based education. Grants are available in amounts up to $50,000. More information is available on the Ohio Environmental Education website, and the deadline to apply for the next round of money is next Monday.
Conservation manager Melanie Coulter highlighted other Black Swamp conservancy, especially its wetland restoration efforts. She said they are crucial for re-establishing parts of the Great Black Swamp, benefiting both wildlife and the environment.
"The Great Black Swamp, which was this vast 1,500-square-mile wetland along the Maumee River, most of that is now gone," she said, "so we try to put little pieces of it back in strategic areas that will provide wildlife habitat and wildlife corridors along rivers."
Coulter said these grant funds enable the nonprofit to carry out other vital projects, including land restoration and environmental education, demonstrating the importance and impact of its work on a statewide level.
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Deforestation remains a concern in the U.S. but success stories are emerging and Minnesota advocates said new achievements bode well for all residents.
The Conservation Fund, which works to preserve natural resources across the country, recently announced it has protected more than 1 million acres of working forest lands across the country, including Minnesota.
Kim Berns-Melhus, Minnesota state director for the fund, said regional examples include the purchase of 72,000 acres in Minnesota from a timber company. She explained they will hold onto the land for the next decade as permanent solutions evolve under public stewardship.
"When land is held in smaller parcels, privately held instead of large tracts, either by the county, the state or in tribal hands, that really limits the ability for the public to use those forests and to enjoy those forests," Berns-Melhus pointed out.
And if sustainable management practices are not used under private ownership, she cautioned the lands become more vulnerable to climate change, with far-reaching environmental fallout, including habitat loss, increased carbon emissions and flooding. Efforts like these come as forests rapidly disappear, with the U.S. losing more than 4 million acres in 2021 alone.
Berns-Melhus acknowledged not all private ownership of forest lands has negative consequences but emphasized they have to be nimble and keep pace with smaller purchase opportunities as they surface so they do not snowball into a loss which is hard to overcome.
She argued forests are part of Minnesota's identity and they do not want it to change.
"Our forests mean a lot to the state of Minnesota and the people of Minnesota in so many different ways," Berns-Melhus stressed. "Conserving these forests is something that Minnesotans see as a priority."
Minnesota is among the Midwest leaders with nearly 35% of its land covered by forests. The Conservation Fund has a specialized program to facilitate land purchases. Commercial development is seen as one of the biggest threats to sections of wilderness and there are predictions as many as 13 million acres in the U.S. will be lost in the coming decades.
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