NORTHWEST AGRICULTURAL SHOW SPECIAL SECTION INSIDE
ter
o Cen
d Exp
ortlan
The P
6 -28,
Jan. 2
2016
FRIDAY, JANUARY 8, 2016
ENVIRONMENTAL
LITIGATION
Lawsuits
spiked
in 2015
Critics say
disproportionate
cases in 9th Circuit
By MATEUSZ PERKOWSKI
Capital Press
The number of federal
lawsuits fi led over environ-
mental issues increased more
than 60 percent, to 862, across
the U.S. in 2015 compared to
the previous year.
While the environmental
caseload in federal courts can
swing wildly from year to
year, that fi gure is also rough-
ly 8 percent above the aver-
age number of complaints
fi led annually over the past
decade.
A broad range of lawsuits
can fall under the “environ-
mental matters” category in
the federal case fi ling system,
so it’s tough to point to any
particular reason for a spike,
said Karen Budd-Falen, an
natural resources attorney in
Cheyenne, Wyo.
However,
Budd-Falen
noticed a distinct increase in
cases fi led by environmental
groups that commonly litigate
in the West since the Obama
administration came into of-
fi ce.
This fi nding may seem
counterintuitive, given the
environmentalist antagonism
toward the Bush administra-
tion, but Budd-Falen said the
upswing was caused by a re-
duced willingness to put up a
fi ght by the Obama adminis-
tration.
“Much of litigation is
sue-and-settle,” she said.
“They’re more likely to get a
favorable settlement with the
Obama administration.”
Over the past decade,
about 30 percent of the en-
vironmental lawsuits in the
U.S. were fi led within the ju-
risdiction of the 9th U.S. Cir-
cuit Court of Appeals, which
covers eight Western states.
To compare, the 10th Cir-
cuit covers six Western states
but only had an average of 43
environmental lawsuits fi led
per year over the past decade,
or about 5 percent of the na-
tional average.
Budd-Falen said envi-
ronmental groups fi le a dis-
proportionate number of
lawsuits in the 9th Circuit
because its legal precedents
are seen as more favorable to
their cause.
VOLUME 89, NUMBER 2
WWW.CAPITALPRESS.COM
$2.00
Experts: Refuge takeover undermines legitimate complaints
Most federal land
confl icts occurring
out of public eye
COMPLETE COVERAGE ON THE STANDOFF: PAGE 14
By MATEUSZ PERKOWSKI
Capital Press
Analysis
The recent spectacle at
the Malheur National Wild-
life Refuge in Oregon has
cast a spotlight on federal
land disputes, but it’s not
emblematic of the broader
confl ict.
Armed protesters taking
over a federal building pro-
vide excellent fodder for the
national media, but the ac-
tual fi ght between ranchers,
environmentalists and feder-
al agencies is occurring un-
der the public’s radar.
The real battles over fed-
eral land management often
take place in courtrooms,
and though they seldom re-
ceive much attention, these
lawsuits have a meaningful
impact on how ranchers do
their business.
According to attorneys
who represent natural re-
source industries, the recent
actions by self-proclaimed
militia members have not
helped in this ongoing strug-
gle.
“It’s only scratching
the surface about what the
ranchers’ problems are,” said
Scott Horngren, an attorney
with the Western Resources
Legal Center.
Protesters at the Malheur
National Wildlife Refuge
have made grandiose de-
mands for the divestment
Turn to STANDOFF,
Page 12
W
Mark Graves/The Oregonian via AP
A small group of militia in Burns, Ore., who were there to support
a local ranching family, took over the federal offi ce of the Malheur
National Wildlife Refuge headquarters Jan. 3.
D OG OF THE
EST
By DAN WHEAT
Capital Press
A
Courtesy of C.D. Wall, USBCC
‘A GOOD BORDER COLLIE EQUALS
THREE OR FOUR PEOPLE ON HORSEBACK’
month or more ago, Randal
Walker noticed an unusual
posting on the online social me-
dia site Facebook.
A rancher near Vancouver,
Wash., was asking for help rounding up
three Scottish Highland cattle.
“I’d worked with some in the past that
were slow and gentle, but these were
pretty wild and mean,” says Walker,
36, a rancher near Toppenish who also
breeds, trains and sells Border Collies
through his side business, Satus Stock-
dogs.
“The owner had been trying to catch them
for three weeks with hay traps, horses and
four-wheelers. They were on 900 acres of woods.
I took my horse and two dogs over and had them
penned in three hours,” Walker says.
Walker, on his horse, found the cattle, then led
the way in the direction he wanted them to go
while his two Border Collies, Brute and Brick,
brought the two cows and one bull along by
“pressure and release,” moving in and then back-
ing off.
That’s the instinct and drive underlying oth-
er attributes that make the Border Collie a top
choice of ranchers herding cattle and sheep.
It makes the Border Collie the dog of the West.
Smart dogs
Turn to COURT, Page 12
Dan Wheat/Capital Press
Rancher Dave Billingsley stands with his Border Collies, Gus, 2, left,
and Jade, 12, right.
Courtesy of Satus Stockdogs
Cable, at work loading
cattle, was sold Dec.
9 at an auction in Fort
Worth, Texas, for $21,500.
Former owner and trainer
Randal Walker says Cable
is the third highest dollar
Border Collie ever sold.
Dan Wheat/Capital Press
Border Collie Gus races after another cow as Billingsley watches. Bor-
der Collies are smart, fast and have an instinct for herding.
Border Collies are often rated among the
smartest dog breeds based on their ability to un-
derstand and obey commands. Stanley Coren, a
University of British Columbia neuropsycholo-
gist, focuses on train-ability as a marker of intel-
ligence in his bestselling book, “The Intelligence
of Dogs.” He relied on the assessments of 110
breeds by more than 200 professional dog obe-
dience judges.
The top dogs had learned commands in less
than fi ve repetitions and obeyed them at least 95
percent of the time. Border Collies ranked the
brightest in understanding new commands.
In 2011, a Border Collie was reported to have
learned 1,022 words and actions based on those
words.
The American Kennel Club describes Border
Collies as “workaholics,” and the “world’s pre-
mier sheep herder, prized for intelligence, ex-
traordinary instinct and working ability.”
The best Border Collies can “read tempera-
ment and anticipate movement, changing their
attitude and approach depending on the class of
livestock, its age, and demeanor,” says the United
States Border Collie Club.
They require daily physical exercise and men-
tal stimulation. They are good with children but
aren’t meant for indoor living.
“The good thing is they want to work. The bad
thing is they want to work all the time, even when
there’s nothing to do,” says Nick Martinez, 41, a
sheep rancher in Moxee, Wash., who has 20 dogs,
mostly Border Collie-Australian Shepherd mix.
Turn to DOGS, Page 12
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