Category Archives: Public Lands

Where is best place for a gravel pit?

NIMBY, better yet, nowhere

(originally published in Agenda New West)

Red Rock gateway or “Gravel Pit Point?”

At the Bicknell Bottoms in Wayne County, southbound Utah Highway 24 turns west and passes through the Red Gate of the red rock Velvet Cliffs on the north and a toe of Boulder Mountain on the south. Here it enters the gorgeous Fremont River valley and the gateway communities to Capitol Reef National Park. I was at a gathering of friends and neighbors to celebrate the life and mourn the loss of the good man who built my home in the valley in Torrey. John came down from the city in the late 90’s to build my home, fell in love with the surroundings, and never left. Continue reading

Why a robust response to Bundys at Malheur is important

Equal justice under law

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U.S. Supreme Court

The immense damage I see to public lands in southern Utah caused by private livestock grazing motivated me to start Torrey House Press. The public would not put up with current land management practices if they knew about them and I want to get the word out in literature.  The land practices are absurd, and I will get to that, but what concerns me even more about the Bundys taking siege to the public buildings at the Malheur Wildlife Refuge is how it makes a mockery of the American principle of equal justice under law. Continue reading

Napa and Point Reyes

Kirsten and drove the A6 to Truckee and then on to Napa and Pt. Reyes leaving Saturday March 28 and back to Salt Lake the next Friday. Kirsten was meeting with our latest author, Sasha Paulsen for an editing session on Dancing on the Spider’s Web. Now back in SLC I notice that I did not take many photos and did not take any notes. Thinking about it I decided to combine this blog with my previous entries from THP Green Adventures and change the site title here to Notes and Shots. I will use it both as a travel and conservation journal in the  blog and a place to keep my best photos in the galleries.  That way I can feel more free to take notes and shots without thinking they need to be interesting and good enough for National Geographic.  Even though I will make the site available to the public I think of the audience as my kids, Kristen and Nick, my uncle, Ted Kehl, and maybe my grand-kids some day. Hi guys.

View from our room

View of tidal Napa River from our room

Truckee was conspicuous with the absence of snow. No shots, but resorts that look like they should be closed with mostly dirt showing still have skiers working their way down presumably man made snow ribbons.  California’s Gov. Brown ordered mandatory water use reductions for the first time in the state’s history while we were there. Residents are required to cut back, but big farms, which use 80% of the water, are only required to write reports — but that may be another blog.

In Napa we continued with my suggestion that Kirsten find us nice places to stay and not tell me what they cost. Works in the short run, time will tell about the finances. We had dinner that night with Sasha and her adult daughter Ariel at an equally elegant place nearby. The food in Marin county is nonstop amazing. I was thinking that I would throttle back while away from the fridge, but not-so-much.

On Monday we met up  in Petaluma with Lise Soloman, our Torrey House Consortium sales rep with Karel/Dutton Group, and drove up to Sebastopol to have lunch with Sheryl Cotleur, the adult book buyer for Copperfield’s Books. Both women are a forces in books sales. Lise is credited by author Paul Harding as the impetus behind his winning a Pulitzer for his debut novel Tinkers. Tinkers was published by a sister publisher at Consortium, Bellevue Literary Press.  Kirsten and I always say the best thing about publishing is the people and with women like these two out there we will keep saying it. At one point during lunch I told Sheryl about how our author Mary Sojourner feels no hope about the West and conservation. Mary gave that response when asked about Stegner’s phrase, “The geography of hope.” I told Sheryl how Mary thinks writing about nature and the West is dead and wondered if she agreed. Sheryl sat back and said she “100 percent” did not agree. She encouraged us to keep going and started telling us we needed to meet Steve Costa and Kate Levinson, owners of Pt. Reyes Books and asked if we had ever been there. In fact, that is where we were going next anyway.

Our B&B in Pt. Reyes

Our B&B in Pt. Reyes

Kirsten had already made another excellent arrangement at a B&B in the small town of Inverness in Pt. Reyes. We poked our heads in the bookstore but Steve and Kate were out. Fabulously, Sheryl and Lise had forewarned them we were heading their way. Kirsten left a card at the bookstore and Steve and Kate got back to her asking us to please come by. When we showed up the next day they interrupted some poor sales rep’s pitch to say hello, suggested that we should have dinner together, and even insisted that we should do so at their home and stay with them. There goes those great publishing people again. The Bailey in me was appalled at the imposition, but of course it all turned out great. I hope somehow we can return the favor with a stay in Torrey.

At dinner with Kate and Steve we asked them a lot of questions about their biannual conference. It seemed natural that Terry Tempest Williams had been involved in the area for some time including with the conference.  The most recent called The 2015 Geography of Hope Conference after Wallace Stegner’s phrase in his Wilderness Letter — major sections of which were read at Kirsten’s and my wedding.  Kate and Steve were our kind of nice, smart people but way, way ahead of us in the world of connections and conferences. Kate encouraged us to stay regional if we try a conference and perhaps to consider starting with just the LDS enviro authors we are interested in supporting.

K's smart phone shot of Shell Beach

K’s smart phone shot of Shell Beach

Point Reyes was astonishing. On the last morning, April 2, a day before my brother’s would be birthday, at sunrise on Shell Beach near Steven and Kate’s place I was overwhelmed by the beauty and the loss of Mike. Mike, the world is beautiful, it is worth protecting, and I wish you were here to help.

The Elephant in the Room is a Cow — Grazing Impacts on So. Utah Forests

 

Bull in the china closet

Bull in the china closet

My wife and I are both sixth generation Utahns. We own homes in both Salt Lake and Wayne counties. We were married in the Capitol Reef National Park outdoor amphitheater in 2010. Together we cherish the natural landscape of Utah, our pretty, great state. Except for one thing. We have become sensitized to the damage done by livestock grazing on public lands. Our pioneer ancestors worked hard to survive in the arid country they were charged with settling, and we admire the determination and pluck it required. But public lands ranching doesn’t make sense anymore, and the more we learn about what our forests could be, the more we see the degradation–and absence–of plant communities and wildlife habitat. There is hardly anywhere we can go outside of the wilderness areas of the Wasatch where we don’t see it. This bothers us so much we started a publishing company in part to shed more light on public land mismanagement. We also volunteered with Mary O’Brien and the Grand Canyon Trust to do grazing damage assessment and now serve on the board of directors of Wild Utah Project with Allison Jones.

I borrowed the elephant part of the title to this blog piece from our neighbor in Torrey, Chip Ward, from something he said in a recent Tom’s Dispatch post about beaver habitat destruction by ranchers. Kirsten and I feel that if there is one simple, single thing that would most improve the natural landscape of Utah it would be the cessation of public land livestock grazing. It is everywhere yet its economic benefits are miniscule and for only a very few. Currently, 97% of the Dixie, Fishlake, and Manti-La Sal National Forests in southern Utah are actively grazed by livestock. But only one percent of Utah’s gross domestic product, or economic output, is agriculture, and only a small sliver of that is from public land grazing. Yet that one percent of economic production uses 82 percent of Utah’s water and almost all of the public land. Predators such as wolves, key to ecologic balance, have been eliminated. Others like coyotes, and now even crows, are hunted down by the state. Beavers have been virtually outlawed in Garfield County, just south of Wayne. Aspen, willow, and cottonwood growth have been stunted by livestock browsing.  The problem is conceptually easy to fix, but it goes largely ignored. When it isn’t ignored, reform is blocked by tiny but powerful special interest groups. In the West, the iconic cowboy and his cow remain mythical and sacred. Like the king with no clothes, the public land is exposed and much the worse for it.

Over the last four or five years we have gathered photos illustrating both the damage from livestock grazing and what the forests could be when protected from grazing. Clicking any of the photos in the gallery below will take you to a slide show where more detailed captions are available. Perhaps many of the pictures need no caption to tell the story. We often photograph “exclosures,” areas fenced off to keep livestock out in order to assess grazing impacts. Virtually all of the exclosures we find are routinely violated by the ranchers — which makes sense since it makes them look bad. Cows are also supposed to be herded away from riparian areas, but in all our forest travels we have only seen the one cowboy pictured below.

The Southern Utah Forest Service is instituting a grazing assessment and inviting comments (send emails to “grazingassessment@fs.fed.us”) and concerns. We hope they take this chance to begin to run the forests as other than a subsidized ranch.

The (unequal justice) Code of the West

c stewart

Cowboy Chris

Cowboy anarchist Cliven Bundy and Utah San Juan County Commissioner Phil Lyman remain free. I have been writing to Utah 2nd District Congressman Chris Stewart expressing my alarm at the situation. My point to Stewart is that if conservationist Tim DeChristopher goes straight to federal prison for violating BLM law, and is given a stiff two year sentence precisely because he is exercising his First Amendment right of free speech, then certainly these cowboys need some jail time for doing the same thing. Stewart, ever the right wing politician, doesn’t get it.

Stewart’s response:

I grew up on a dairy farm. My wife’s family still ranches in Northern Utah and Southern Idaho. I understand the importance of obeying the law, including paying grazing fees. Notwithstanding this, I was shocked as the situation played out in Nevada to see the show of force by the BLM and the National Park Service agents. I had no idea that these agencies had special tactical teams that appear more like paramilitary groups than park rangers.

It is true that America loves the cowboy. I increasingly do not. The fact that Stewart likes to wear his cowboy hat does not impress me. His sentence on the importance of obeying the law is his only acknowledgement of the issue in a full one page letter. The rest is about the citizens not respecting the federal government because it can’t be trusted. He has his facts all wrong. The BLM does not have paramilitary force. That level of force that showed up at Bunkerville was the Las Vegas Sheriff Department SWAT team. Ironically, Stewart is pressing the point in his letter to me that law enforcement ought to be local. He is ignoring the fact that it was. And the law was still outgunned by the cowboy militia and had to back off to avoid a blood bath. Overwhelming force, Stewart?

Rural cowboy militia

Rural cowboy militia

Subsequently, on May 10, Utah’s San Juan County Commissioner Phil Lyman led a heavily armed vigilante gang on ATV’s into Recapture Canyon, a sacred Navajo site in San Juan County that the BLM has closed to motorized vehicles. In part Lyman chose the anniversary date to publicly object to white, Mormon, San Juan County citizens not being allowed to continue to rob Navajo graves unmolested by the law.  Sheriffs from five rural Utah counties showed up to make sure the heavily armed ATV riders were able to perform federal trespass without interference. They need not have worried. The unarmed conservation community was in reasonable fear for their lives and prudently did not show up. And, I sadly point out to you Chris Stewart, neither did the BLM.

Stewart is worried about an undue show of force.  By whom, Chris?

In the West we do not practice equal justice under the law. Around Utah, if you are white, Republican, Mormon, wear a cowboy hat and are heavily armed you can break the law with impunity. You can even have the local sheriff, on horse and with hat, make way for you. On the contrary, if you interrupt the BLM in the name of conservation, without a hat and without a weapon, you go straight to prison with a maximum sentence. Such is the case today.

Happily there is a petition going around by the more sober citizens at Alliance for a Better Utah to hold the trespassers accountable.   I am gratified to see I am not the only one alarmed at the cowboy behavior going unanswered by the law.

Cliven Bundy Opens the Anarchy Door

EqualJusticeUnderLaw The BLM has got its tit in a wringer. From an environmental standpoint the BLM is a classic captured agency run locally both by and for ranchers. The agency has long overlooked grazing permit infractions of all sorts. Often outside nongovernmental organizations have to sue to win enforcement of  standing laws and regulations.  The BLM’s action of enforcement has been so lax that when they do try to enforce a decades old egregious and blatant defiance of U.S. law and multiple court orders, like the unanswered defiance by Cliven Bundy, they are unable to do so.  Which opens more than one door in a good news – bad news sort of way.

That bad news is that the government is inviting anarchy.  If one guy, like Cliven Bundy with his delusions of grandeur, can defy the government by going loud with right wing media and inviting a bunch of gun toting friends to gather around, why can’t everyone start making up their own laws?  Already Utah San Juan County Commissioner Phil Lyman  is rallying a group to flout federal law and ride their ATV’s into a closed canyon next month.  Presumably they will take notes from Bundy and bring their guns.  Mike Noel, a Utah legislator, did the same in Paria Canyon in 2012 with no repercussions. Yet when environmental activist Tim DeChristopher practiced civil disobedience by waving a bid paddle at what turned out to be an energy auction held illegally by the BLM, he was promptly sentenced to two years in federal prison.  Utah’s federal judge Dee Benson did not allow DeChristopher’s motives to be discussed in court, only whether or not he technically broke the law.  “Equal Justice Under Law” is engraved on the front of the U.S. Supreme Court building.  When special interest groups like livestock and energy producers or rural county commissioners on ATVs can crony up with the federal courts and agencies to manage legal outcomes, we are knocking on the door of fascism.

The good news for the BLM’s tit is that Cliven Bundy appears to be a lunatic to the vast majority of rational Americans.  All the media attention on public land grazing abuse will shine some light on BLM practices and might encourage the agency to toe the line and regularly enforce existing regulations.  This attention can open the door to a little public awareness to the otherwise boring issue of public land management, particularly the damage done by livestock grazing and the irony that this grazing would largely come to and end if it were not subsidized and/or if ranchers were permitted to sell and thereby retire their permits.

It will be up to non-governmental organizations and writers alike to go through the good news door.  I’ll see what we can do at Torrey House Press with some appropriate Green Shorts.

A Book Can Still Make a Difference

Spine-Continent_CVRLast night Kirsten and went to a lecture by Michael Soule’, father of the conservation biology movement. I credit Soule for adding value back to his science of ecology by doing something about it, including founding the Wildlands Network to create wildlife corridors that enable adequate migration to protect species’ necessary genetic diversity.

The fight to conserve the environment is a never ending battle but one Soule’, quoting the Dalai Lama, reminds us to never give up on. Soule’ mentioned it is tougher now because with the advent of smart phones people read less. Conservation can be a bit complex but it is hard to get such ideas across in a tweet. Yet he did have a success story. Our friend Mary Ellen Hannibal’s recent book, The Spine of the Continentwhile not quite on best seller lists was nonetheless read by Jody Allen, billionaire Paul Allen’s sister and Ms. Allen is perhaps interested in pointing some money in the direction of Wildlands Network.  Soule was obviously thrilled.

We fortuitously met Mary Ellen when she was researching the book, camping with her and other friends of the Grand Canyon Trust in the high forests of southern Utah.  It will be fun to watch how any contribution Wildlands Network might get as a result of Mary Ellen’s book works out.  I’ll keep an eye out.

Sage Grouse ESA Listing?

Check us out, girls.

Last Friday morning a half a dozen cars full of environmentalists, mostly, are parked on the side of a rural road waiting for dawn.  It is surprising cold, a bit below 20 degrees, and most of us are a bit under-dressed.  As suggested, we stayed in the cars, and again as suggested by the folks parked next to us, quieted down.  As the first morning twilight came on we could begin to see and hear the sage grouse males, big as turkeys, some now even out in the road, doing their spring mating ritual thing.  Fantastic.

Kirsten and I were there with the staff of Wild Utah Project to see our first sage grouse lek.  We were there with folks from the Salt Lake Hogle Zoo and were hosted by a couple of guys from the National Resource Conservation Service (NRCS).  I was a little surprised these guys were there with us, particularly when they started talking about grazing as “a tool.”  You can guess you are in a bit of idealogical trouble when someone starts to tell you this arid environment is better off with domestic cows.  The NRCS is part of the U.S. Dept of Agriculture is providing millions of dollars in incentives to get ranchers to take care of the land they use.  Ranchers and the ag people are running a bit scared because of the threat of sage grouse being listed next year as an endangered species.  Given that there is said to have been over 15 million birds in the sage brush oceans of the West when Europeans arrived with their cows, and now are less than 300,000, the listing is a good bet.

My question, that chilly morning, was if we enviros should be helping the ag folks try to fend off the listing, like by putting flags on barbed wire fences to keep the birds from strangling in the wire.  Much of ranching is in tough times economically.  A lot of ranchers would be happy and willing to take a buy out for their grazing permits, if it were legal.  If buyouts could be arranged on consecutive grazing allotments, the ranchers could be capitalilzed, cows would be kept out of the leks, and those fences instead of being flagged, could come down.  Listing of the sage grouse is likely the only tool that could herd the ranchers, politically, into benefiting from buyouts.  From a long term economic trend standpoint, it is clear the ranchers ought to take the buyouts now before they are forced out later when their permits get denied.

Beaver and Goats

Kirsten's twin nehpews at Calf Creek Falls

Kirsten’s twin nephews at Calf Creek Falls

Spring is here and my wife, Kirsten, and I are poking our heads out more and looking into environmental issues. In fact, it has felt like March in Utah since early February and it is good to get out. In addition my son, Nick, has been interning for Wild Utah Project and WildEarth Guardians, both environmental agencies.  Kirsten hiked the Calf Creek Falls trail on Monday with her sister and two nephews strapped to their backs.  Nick made a run down to Moab a couple of weeks ago to visit with the Forest Service, Wild Utah Project and the Grand Canyon Trust about exotic mountain goats recently plunked down on the La Sals.

Kirsten was impressed at the amount of beaver activity in the stream along her hike.  Beaver are, of course, the original and best stream managers.  For years the folks at Grand Canyon Trust have been trying to get beaver re-introduced on Boulder Mountain and the surrounding forests.  But ranchers think beavers somehow steal water and the Garfield County Commissioners, all ranchers, wrote a letter of protest to the Forest Service vehemently protesting any beaver re-intoduction in their county.  County commissioners have amazing amount of political clout and the Forest Service folks deny them at risk of their jobs.  So Kirsten was surprised to see so much beaver activity.  She described dam after dam, wide and open and lush riparian areas big enough that migrating ducks were landing.  Our guess is that the BLM, the land managers in this case, have too much pressure from the national public at this popular spot to allow the commissioners to have their way.  Much like the forests around the Wasatch Front do not allow livestock grazing because the public would never put up with the damage.

Nick went down to Moab to visit with the Forest Service about the Utah Division of Wildlife Resources’ (DWR) introduction of mountain goats on to the La Sal Mountains last fall.  There were no mountain goats in Utah when the pioneers arrived, and all current populations in the state were transplanted from other places.  The La Sal’s have special wilderness zones established for scientists, like those at Wild Utah Project, the Grand Canyon Trust and the Forest Service, to study the effects of climate change.  Goats, as we know, eat everything and the scientists are duly concerned.  DWR is often accused of “trophy farming” and put the goats up on the mountain in defiance of current memorandums of understanding with other existing land management agencies, such as the Forest Service, in a unilateral decision to please hunters, their primary special interest constituency.

More on captured agencies and these issues as the year unfolds.

Cowpie National Monument

Beautiful, fragile, poorly managed.

Beautiful, fragile, poorly managed.

Grand Staircase Escalanate National Monument, Burr Trail (GSENM), May 20, 2013 

It doesn’t make sense to subsidize environmental degradation on public lands.  Kirsten and I went out for a couple of nights camping to the Deer Creek campground off the Burr Trail in the GSENM.  After a hike down Deer Creek for less than a mile we turned around, sad and disgusted, and came back a day early.

The campground is an oasis in the high desert red rock country.  Deer Creek runs off of Boulder Mountain toward the Escalante River and on to Lake Powell.  Along its banks are cottonwood trees, coyote willow, aspen and spring wildflowers.  That is, if the delicate area is protected from cows.  The campground is cattle guarded for the most part and was a delight.  Out of the gate, across the road and down the stream was another matter.

Leaving camp we came across the first ominous signs.  Inside the campground the spring grasses were knee high and robust.

Cattle guard and fence at campground.  Cows hang out at viewer's right.

Cattle guard and fence at campground. Cows hang out at viewer’s right.

On the other side of the fence the grass was already overgrazed and gone.  Ranchers and their apologists such as the responsible BLM agents call this a “sacrifice zone” saying that cattle will congregate along fences making things worse there than  in general elsewhere.  But in general cows are to be kept out of riparian zones.  In fact, that is where they primarily hang out.  We crossed the road and signed in at the trail head register.  Behind the first row of willows it smelled and looked like we had walked into a stock yard.  The trampled stream was at our feet and the cows were there strip mining away.

It costs a rancher $1.35 per month for a permit to graze a cow and her calf on public land.  It is the same price they paid in 1962 and 1/10 to 1/20 the going market rate and less than it costs for you to feed your gerbil.  It costs the taxpayer more to manage the ranching/permittees than the ranchers make doing it.  It’s the reason for the pejorative “welfare rancher.”  These folks couldn’t afford to keep doing it with out subsidy.

The grass, wildflowers and willows should be hip high in this riparian area.

The grass, wildflowers and willows should be hip high in this riparian area.

In addition to paying for gates and fences, the taxpayer also pays to exterminate wildlife that might threaten the cows like wolves and coyotes and even beaver (beaver are virtually outlawed by the county commissioners in Garfield County where much of the Monument is).

This whole area should be hip high in grass, wildflowers and willows.

Cow burnt.

It is wolves and other predators that keep ungulates on the move in riparian areas allowing the supporting undergrowth like the grasses, wildflowers, and the cottonwoods, aspen and willows to prosper.  That bugs ranchers so even federal agencies like the so called “Wildlife Resources” spend millions making creeksides like this one a virtual private ranch where, as if they are the only concern, there is no need to monitor and manage the cows.  A half a dozen of the hooved locusts were munching nearby.

The ranchers answer that this is their way of life.  But who gets that?  Torrey House Press is losing money, and it is my way of life, but I am not asking for subsidies.  I have to make it work or get out of the business.  The commissioners ask who I am going to put out of a job.  Great rhetoric but the wrong question.  I am not qualified to say who should have a job and who shouldn’t and the government certainly isn’t.  Ask the Soviet Union about that practice.  The market could be allowed to work it out and there are market solutions.  The conservation community is standing by ready to buyout grazing permits but only if the permits can be retired.  By current law permit retirement on BLM land literally requires an act of congress.

P1010267Cows made sense for a little while in the arid Intermountain West and the Colorado Plateau but with the advent of the railroad and easy transportation, such things as grazing need to be done on private land where it rains.  There is plenty of it east of the 100th meridian.  It is nuts to keep hammering our public treasures this way.