Judge says ‘no’ to motorized vehicles for juniper removal in wilderness
A federal judge has ruled that it’s unlawful to use motorized vehicles to remove juniper from nearly 80,000 acres in the vicinity of Oregon’s Steens Mountain.
The U.S. Bureau of Land Management is cutting juniper from roughly 336,000 acres in the Steens Mountain Cooperative Management Area because the trees are crowding out native vegetation.
Juniper removal is important to ranchers because it’s expected to prevent further population declines of the sage grouse, a candidate for Endangered Species Act protection.
If the bird is listed as threatened or endangered, ranchers fear further restrictions on cattle grazing in its habitat.
U.S. District Judge Garr King has now ruled that using motorized vehicles within “wilderness study areas” is prohibited by a federal law that governs management of the Steens Mountain area.
The BLM argued that there’s an exception to the vehicle ban for “administrative purposes” — including juniper removal — but King sided with the Oregon Natural Desert Association, which filed a lawsuit against the practice.
The judge said that BLM was interpreting the “administrative purposes” language too broadly.
“The BLM’s interpretation places no limit on what falls in the category of ‘administrative,’” he said. “BLM — as the agency charged with implementing Congress’ enactments — could call any activity ‘administrative’ since its job is to ‘administer’ the laws.
Supporters of juniper removal worry that the ruling will complicate activities within the 79,600 acres designated as “wilderness study areas” inside the project’s boundaries.
John O’Keefe, president-elect of the Oregon Cattlemen’s Association, said the task of removing juniper from enormous swaths of land is difficult enough without onerous restrictions on equipment.
“We’ve got to use the most efficient means we can. These laws can be problematic from time to time,” he said.
It’s unfortunate ONDA wants to limit such tools, as juniper removal is beneficial to the ecosystem that the group wants protected, O’Keefe said.
“To do this effectively, we have to do this fairly large-scale,” he said.
Dan Morse, ONDA’s conservation director, said the group’s lawsuit was intended to enforce the intentions of Congress when it banned motorized vehicles in wilderness study areas.
The vehicle prohibition is meant to preserve the values of solitude and dispersed recreation, as well as prevent soil disturbances, he said.
Juniper treatments can continue with people on the ground, rather than heavy machinery and all-terrain vehicles, Morse said. “We don’t oppose the project’s basic purpose.”
