CHEYENNE, Wyo. – Environmental watchdog groups are eager to get back in the field after a Wyoming federal district court this week struck down so-called data trespass laws.
Erik Molvar, executive director of the Western Watersheds Project, says by threatening citizens with jail time for collecting environmental data on public lands – if private lands had been crossed to reach those sites, even accidentally – the laws made it a lot harder to hold polluters accountable.
"So basically the law clamps down on the free speech rights of environmental watchdog groups, and indeed any member of the public, that wants to warn a federal agency that a problem is happening on public lands that that agency manages," he states.
Legislators passed laws in 2015 and 2016 arguing that measures were necessary to protect the rights of property owners.
But the judge wrote in his ruling that "there is simply no plausible reason for the specific curtailment of speech in the statutes beyond a clear attempt to punish individuals for engaging in protected speech that at least some find unpleasant."
Molvar says his group has collected scientific data for years showing that a majority of waterways on publicly owned lands in Wyoming are contaminated by potentially lethal fecal bacteria from livestock, in violation of the Clean Water Act, and he believes the state laws were passed to protect industry from being held accountable.
"But the Wyoming Legislature wanted to suppress our ability to warn the public about these serious health and safety problems and the risks that are posed by the livestock industry and their fecal coliform contamination," he states.
The court's ruling strikes down the state laws and permanently blocks them from being applied.
Earlier this year, the Wyoming Legislature passed a law that would have added bigger penalties to people who exercised their free speech rights at energy facilities, but the statute was vetoed by Gov. Matt Mead.
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The Bureau of Land Management has announced a $161 million investment in habitat and wildland restoration projects in 11 western states.
Alaska is scheduled to receive $5 million for the Birch Creek and Fortymile Wild and Scenic Rivers, two of the state's most iconic recreational waterways.
Birch Creek is a 150-mile tributary of the Yukon River, popular with whitewater rafters for its challenging, multiday excursions. Fortymile River is almost 400 miles of creeks and rivers in east-central Alaska, the longest system within the National Wild and Scenic Rivers network.
Joel Webster, vice president of western conservation for the Theodore Roosevelt Conservation Partnership, said while not as large as BLM projects in other states, the money is critical.
"It's really about restoring impact from mining activity," Webster explained. "There's important salmon habitat in that landscape; landscape-level restoration, focused on cleaning up historic mining damage."
The BLM is investing more than $2 billion to restore public lands and waters across the United States, with an eye toward meeting conservation goals established in the America the Beautiful initiative.
At $27 million, Montana got the largest infusion of cash for three projects in that state, but even at $5 million, the investment is significant for Alaska, Webster acknowledged. He added the region as a whole will benefit from getting some of the habitat restoration it needs.
"You know, our federal land management agencies have been underfunded for a long time," Webster pointed out. "And to have this injection of cash and money to put on the ground, to partner with local stakeholders and do restoration work, is going to benefit all stakeholders."
The BLM said it will measure the restoration projects to make sure they are "successful and durable" as they progress.
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The federal government is investing $161 million into restoration projects across the West.
The U.S. Bureau of Land Management has selected 21 projects, including three in Idaho, for the funds - which originate from the Inflation Reduction Act passed by Congress last year.
Rob Thornberry is the Idaho field representative for the Theodore Roosevelt Conservation Partnership. He said the investments help a variety of the state's landscapes.
"In the Upper Snake area, it could be benefit for sage grouse," said Thornberry. "In central Idaho, the benefits could be for threatened and endangered species such as bull trout, salmon and steelhead."
Thornberry said the funds also could be used to replace culverts or do riparian restoration. The three projects in Idaho total nearly $27 million.
Thornberry said this is good news for people who use public lands.
"BLM's commitment of $161 million to restore 21 landscapes across the West will benefit fish and wildlife," said Thornberry. "It will benefit hunters and anglers, and it'll benefit local economies in the areas where BLM lands are going to be restored."
Thornberry said the projects are a chance for a variety of groups to collaborate on the ground. BLM wants input from tribes in the region as well.
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The Nevada hunting and fishing community is sharing its top 10 conservation priorities for 2023 with Gov. Joe Lombardo's office, as they seek to "ensure the continued conservation," of species and diverse habitats in the state.
The priorities range from supporting science based management techniques to conserving big game corridors and seasonal habitats.
Larry Johnson, president of the Coalition for Nevada's Wildlife, said wildfires present "the greatest adverse impacts," to wildlife populations in Nevada. He added in a bad wildfire year, the state can burn over a million acres.
"Unfortunately, at our lower elevations and everything but our very high elevations, those wildfires, we destroy the native vegetation, and it is taken over by invasive species such as cheatgrass," Johnson explained.
Johnson pointed out cheatgrass is not only poor wildlife forage, it is fuel for wildfires.
According to Johnson's group and the Theodore Roosevelt Conservation Partnership, nearly one quarter of the approximately 20 million acres of priority and greater sage-grouse habitat in Nevada has burned in the last 30 years. Greater sage-grouse numbers have also significantly dropped by almost 80% in the Great Basin since 1960.
Johnson argued most human activity has an effect on wildlife. His group supports developing a statewide plan for siting energy projects. He added both traditional and renewable energy projects, transmission lines and other energy infrastructure can have negative effects on wildlife if not located and operated responsibly.
Johnson emphasized highways and fences pose negative impacts to big game. Despite the challenges, Johnson remains optimistic policymakers will listen.
"Things need to be done very carefully with our existing wildlife resources in mind," Johnson contended. "And it can be done. We just have to be smart about it, that is all."
Johnson hopes the priorities will be heard and considered as people are relocating to Nevada for its vast public lands and traditional love for the sporting heritage.
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