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Pinedale Online > News > February 2007 > Amici Curiae: Oregon Cattlemen

Private Property. Photo by Cat Urbigkit, Pinedale Online.
Private Property
Amici Curiae: Oregon Cattlemen
Oregon Cattlemen’s Association and the Nevada N-6 Grazing Board support Robbins
by Cat Urbigkit, Pinedale Online!
February 28, 2007

An amici curiae (friend of the court) brief supporting Harvey Frank Robbins was filed by the Oregon Cattlemen’s Association and the Nevada N-6 Grazing Board.

Formed in Baker, Oregon in 1916, the Oregon Cattlemen’s Association represents ranching interests in Oregon. It exists to promote environmentally and socially sound industry practices, improve and strengthen the economics of the industry, and protect industry communities.

The Nevada N-6 Grazing Board represents the interests of federal and other public lands ranchers in Nevada. The board advocates on their behalf to ensure that livestock grazing remains a viable use of the federal lands. It also educates the public about the ranching industry.

According to the brief:
“In the American West, the federal government regulates and is a neighbor to the vast majority of livestock ranching operations. Regular interaction between private individuals and government officials is a way of life. The relationship between the two is ideally and often symbiotic. This case, however, concerns the rare occasion where that balance has been lost. It involves a claim by Respondent Frank Robbins, a rancher and entrepreneur, alleging certain Bureau of Land Management employees violated his Fifth Amendment rights after he refused to grant the BLM a right-of-way over his ranch. It is for this sort of conduct that this court held in Bivens that citizens may pursue damages against federal officers.

“Affirming the decision below on this issue will clarify the appropriate limits on the relationship between federal land managers and landowners. Affirming will encourage government officials to discharge their duties according to the law and will give full effect to the guarantees of the Fifth Amendment. Moreover, affirming will contribute to the continued opportunity for harmonious relationships between the government and private landowners. Reversal on this issue, on the other hand, potentially subjects landowners to unchecked unconstitutional conduct by rogue individuals under the color of government authority. Reversal will thereby erode state law and Fifth Amendment protections.”

Oregon Cattlemen and Nevada Grazing Board (159K PDF)
BRIEF OF THE OREGON CATTLEMEN’S ASSOCIATION AND NEVADA N-6 GRAZING BOARD AS AMICI CURIAE IN SUPPORT OF RESPONDENT

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Main Story: Robbins case: Right to exclude, extortion at issue
Wilkie v Frank Robbins Case: Wyoming rancher refuses to grant BLM a right-of-way across his private land

December 4, 2006:
From ranch to sacred halls: Budd-Falen to argue in nation’s highest court

January 31, 2007:
Right to exclude argued

February 20, 2007:
Brief for the Respondent - Robbins Legal Response (60 pages, 321K PDF)

February 28, 2007:
Robbins case: Campaign of harassment detailed
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Amici Curiae (Friend of the Court):
Others in support of Frank Robbins’ side of this case

Oregon Cattlemen’s Association and Nevada Grazing Board
The Oregon Cattlemen’s Association represents ranching interests in Oregon. It exists to promote environmentally and socially sound industry practices, improve and strengthen the economics of the industry, and protect industry communities. The Nevada N-6 Grazing Board represents the interests of federal and other public lands ranchers in Nevada. The board advocates on their behalf to ensure that livestock grazing remains a viable use of the federal lands.

Oregon Cattlemen (159K PDF)
BRIEF OF THE OREGON CATTLEMEN’S ASSOCIATION AND NEVADA N-6 GRAZING BOARD AS AMICI CURIAE IN SUPPORT OF RESPONDENT

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New Mexico Cattle Growers Association
New Mexico Cattle Growers Association Legal Brief (32 pages, 168K PDF)
BRIEF OF THE NEW MEXICO CATTLE GROWERS’ ASSOCIATION, NEW MEXICO FEDERAL LANDS COUNCIL, NEW MEXICO WOOL GROWERS, INC., GRANT COUNTY CATTLEGROWER’S ASSOCIATION, COALITION ARIZONA/NEW MEXICO COUNTIES FOR ECONOMIC GROWTH AND WYOMING PUBLIC LANDS COALITION AS AMICI CURIAE SUPPORTING RESPONDENT

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Pacific Legal Foundation
An amici curiae (friend of the court) brief supporting Harvey Frank Robbins was filed by the Pacific Legal Foundation, the Washington Farm Bureau and the Wyoming Farm Bureau Federation.

Pacific Legal Foundation (24 pages, 110K PDF)
BRIEF AMICUS CURIAE OF PACIFIC LEGAL FOUNDATION, WASHINGTON FARM BUREAU, AND WYOMING FARM BUREAU FEDERATION IN SUPPORT OF RESPONDENT HARVEY FRANK ROBBINS

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Paragon Foundation
An amici curiae (friend of the court) brief supporting Harvey Frank Robbins was filed by the Paragon Foundation, Inc. a New Mexico non-profit organization created to support and advance the fundamental principles set forth in the Declaration of Independence and Constitution of the United States of America. The Paragon Foundation, Inc. advocates for individual freedom, private property rights, and limited government controlled by the consent of people. The Paragon Foundation, Inc. has several thousand current or former members nationwide.

Legal Brief of the Paragon Foundation Inc. (12 pages, 86K PDF)
BRIEF OF THE PARAGON FOUNDATION, INC. AS AMICUS CURIAE SUPPORT OF RESPONDENT

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Public Lands Council
An amici curiae (friend of the court) brief supporting Harvey Frank Robbins was filed by the Public Lands Council, National Cattlemen’s Beef Association, Wyoming Public Lands Coalition, Oregon Cattlemen’s Association and the Nevada Cattlemen’s Association, as representatives of ranchers and cattlemen throughout the United States.

Legal Brief of the Public Lands Council et al (28 pages, 114K PDF)
BRIEF OF THE PUBLIC LANDS COUNCIL, NATIONAL CATTLEMEN’S BEEF ASSOCIATION, WYOMING PUBLIC LANDS COALITION, OREGON CATTLEMEN’S ASSOCIATION, AND NEVADA CATTLEMEN’S ASSOCIATION AS AMICI CURIAE SUPPORTING RESPONDENT


Pinedale Online > News > February 2007 > Amici Curiae: Oregon Cattlemen

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