Judges question agency’s handling of ‘cattle drift’
PORTLAND — The U.S. Forest Service’s oversight of stray cattle in national forests on the Oregon-California border drew sharp questions from federal appellate judges at a Nov. 2 hearing.
Environmental groups filed a lawsuit in 2011 claiming that cattle wander away from their approved allotments, damaging sensitive native plants in the remote Siskiyou Crest area, where fencing isn’t an economically feasible option.
Their complaint was dismissed in 2013 by a federal judge who found that the “cattle drift” problem was sufficiently analyzed and mitigated by the Forest Service.
“There is little evidence of quantitative, objectively verifiable damage” caused by wayward cattle despite drift occurring in the area since the 1800s, which is “not particularly surprising given the relatively low grazing rates” across a vast area, U.S. District Judge Morrison England said in the ruling.
The Klamath Siskiyou Wildlands Center and the Klamath Forest Alliance have challenged that decision before the 9th U.S. Circuit Court of Appeals, which held oral arguments in the case before a three-judge panel in Portland.
An attorney for the Forest Service, Evelyn Ying, said the agency considered the frequency and duration of drift in concluding that it caused minimal impacts because ranchers monitor the area regularly.
“The permittees have been compliant in getting them back when they do drift,” she said. “There is no information to show adverse environmental effects.”
Circuit Judge Marsha Berzon repeatedly questioned Ying about whether the lack of evidence was simply due to the U.S. Forest Service not studying the damage.
Berzon said it bothered her that nobody seems to have looked for quantitative data about damage, asking whose burden it should be to gather such information.
Ying responded that Klamath National Forest managers monitored for drift and concluded it wasn’t a serious problem, she said.
Managers of the Rogue River-Siskiyou National Forest, which is mostly in Oregon, did not object to grazing even though cattle were drifting in from the Klamath National Forest in California, she said.
Circuit Judge Paul Watford asked why the Forest Service didn’t consider evidence of damage submitted by environmentalists when considering the effects of grazing.
Ying replied that these reports were largely anecdotal.
“They are not based on scientific protocol,” she said.
Watford said that notes from a meeting among Forest Service managers seem to indicate they weren’t sure what to do about cattle drift or how to present the issue in their environmental assessment of grazing.
“We really don’t have the information, so we have to say something,” Watford said, characterizing their statements.
Ying said the Forest Service officials did not want to downplay the drift issue but wanted to be careful in how they explained it.
David Becker, attorney for the environmental groups, said that Siskiyou Crest is home to fragile soils and wetlands, so cattle can harm the environment simply by wandering from one pasture to another.
The Forest Service did not take the required “hard look” at the issue, as required by the National Environmental Policy Act, and failed to adequately explain why it didn’t conduct a more comprehensive study of drift, he said.
“Even 15 cows, even 10 cows, getting into a riparian area can cause damage, can have it not recover,” Becker said.
The judges did not issue a ruling at the hearing.