Jump to Navigation
Jump to Content

Holland Livestock Ranch v. United States

Citation: 14 ELR 20852
No. No. CV-R-82-278-ECR, 588 F. Supp. 943/(D. Nev., 05/31/1984)

The court holds that plaintiffs' public lands grazing permits were properly revoked by the Bureau of Land Management (BLM) based on a finding that plaintiffs had committed willful and repeated trespasses on public lands. The court begins by setting out the standard for termination of grazing permits announced by the Ninth Circuit. The requirements are that the trepasses be willful and repeated, involve fairly large numbers of animals, occur over a fairly long period of time, and often involve a failure to take prompt remedial action. The court holds that plaintiffs' payment to settle BLM's trespass claims was in settlement of the monetary penalties only and did not preclude revocation of their permits. BLM's consideration of plaintiffs' long string of violations as a factor in determining both that their violations were willful and that their willful violations were repeated was proper. Plaintiffs failed to respond promptly to a recent BLM notice of trespass, which further supports a finding of willfulness. Plaintiffs' fence building efforts do not weigh against a finding of willfulness, since plaintiffs knew that a partial fence would not stop the trespasses. Finally, the fact that previous, lighter sanctions have failed to motivate plaintiffs to control their cattle substantiates BLM's decision to impose this harsher penalty.

Counsel for Plaintiffs
Thomas L. Belaustegui
Robison, Lyle, Belaustegui & Robb
71 Washington St., Reno NV 89503
(702) 329-3151

Counsel for Defendants
Burton J. Stanley, Special Ass't Attorney General
Department of Justice, 1515 K St., Sacramento CA 95814
(916) 445-4334

Lamond R. Mills, U.S. Attorney
Box 16030, Las Vegas NV 89101
(702) 385-6336