Jarita Mesa Livestock Grazing Ass'n v. U.S. Forest Serv.
| Decision Date | 22 October 2014 |
| Docket Number | No. CIV 12–0069 JB/KBM.,CIV 12–0069 JB/KBM. |
| Citation | 58 F.Supp.3d 1191 |
| Parties | JARITA MESA LIVESTOCK GRAZING ASSOCIATION; Alamosa Livestock Grazing Association; Sebedeo Chacon; Thomas Griego; Donald Griego; Michael Pena ; Juan Giron ; Joe Gurule, Jr.; Fernando Gurule; Diego Jaramillo; Lorenzo Jaramillo; Gabriel Aldaz; Arturo Rodarte; Jeffrey Chacon; Gloria Valdez; Jerry Vasquez ; Carlos Ortega; Leon Ortega; Horacio Martinez; Ronald Martinez; Steve Chavez ; Vangie Chavez; Alfonso Chacon ; Daniel Rael; John Valdez and Board of County Commissioners of the County of Rio Arriba, Plaintiffs, v. UNITED STATES FOREST SERVICE and Diana Trujillo, in her official and individual capacities, Defendants. |
| Court | U.S. District Court — District of New Mexico |
Simeon Herskovits, Iris A. Thornton, Advocates for Community and Environment, El Prado, NM, and Richard Rosenstock, Santa Fe, NM, for Plaintiffs.
Damon P. Martinez, United States Attorney, Ruth F. Keegan, Assistant United States Attorney, United States Attorney's Office, and Andrew A. Smith, Environment & Natural Resources Division, United States Department of Justice, Albuquerque, NM, for Defendants.
THIS MATTER comes before the Court on the Federal Defendants' Motion for Reconsideration, filed February 7, 2013 (Doc. 53)(“Motion to Reconsider”). The Court held a hearing on July 26, 2013. The primary issue is whether the Court should reconsider the portion of its earlier Memorandum Opinion and Order, filed January 24, 2013, 921 F.Supp.2d 1137 (D.N.M.2013) (Doc. 49) (“MOO”), in which it concluded that the Plaintiffs have asserted two separate claims for violation of the First Amendment to the Constitution of the United States—one under the Administrative Procedure Act of 1946, Pub. L. No. 79–404, 60 Stat. 237 (“APA”), and the other a “standalone” First Amendment claim outside of the APA—and that the Plaintiffs are entitled to “robust discovery” on the standalone claim but are limited to the administrative record on the APA First Amendment claim. MOO at 1204–05. The Court now concludes that only one First Amendment claim exists, that the APA governs that First Amendment claim, and that the Plaintiffs are thus limited to the APA's discovery provisions, which preclude discovery outside of the administrative record unless and until the plaintiff makes certain factual showings.
The history of the Plaintiffs' case predates the parties before the Court. The Plaintiffs set forth a backdrop of social, cultural, and economic factors, which they say are inextricably intertwined with the Plaintiffs' cattle grazing within the Carson National Forest. The Plaintiffs also allege a history of tension between the United States Forest Service (“USFS”) and the Plaintiffs' ancestors, which bears on the legality of the Defendants' actions managing national forestland in northern New Mexico over the last three years.2 The Court takes as true all nonconclusory factual statements in the Complaint for Declaratory and Injunctive Relief (First Amendment to the United States Constitution, National Environmental Policy Act; National Forest Management Act, Sustain Yield Forest Management Act; Administrative Procedure Act), filed January 20, 2012 (Doc. 1)(“Complaint”).
“The Plaintiffs and their ancestors are Hispanic stockmen whose families have been grazing livestock” in northern New Mexico for many generations. Complaint ¶ 3, at 2–3. Most of the natural-person Plaintiffs' families were grazing livestock in the area of the Vallecitos Federal Sustained Yield Unit (“the Unit”) before the USFS existed. See Complaint ¶ 3, at 3. The Unit is an area of the Carson National Forest that Congress set aside to be managed for the economic benefit of the communities located in the Unit. Congress specifically provided that these local communities should have access to the timber and other forest products within the Unit, as needed for the communities' economic stability. See Complaint ¶ 39, at 14. Grazing livestock is an “integral part of their existence and is a central part of life in the villages they reside in ... all of Northern New Mexico.” Complaint ¶ 3, at 3.
The Jarita Mesa Allotment and the Alamosa Allotment are areas within the Unit on which cattle grazing is allowed. See Complaint ¶ 2, at 2. Plaintiffs Sebedeo Chacon, Michael Pena, Juan Giron, Gabriel Aldaz, Arturo Rodarte, Thomas Griego, Donald Griego, Joe Gurule, Jr., Lorenzo Jaramillo, Jeffrey Chacon, and Gloria Valdez (collectively, “the Jarita Mesa Permittees”) have permits, that the USFS issued, which allow them to graze cattle on the Jarita Mesa Allotment. See Complaint ¶ 3, at 2. Plaintiffs Thomas Griego, Donald Griego, Carlos Ortega, Leon Ortega, Daniel Rael, Horacio Martinez, Ronald Martinez, Fernando Gurule, Jerry Vasquez, and Alfonso Chacon (collectively, “the Alamosa Permittees”) have permits, that the USFS issued, which allow them to graze cattle on the Alamosa Allotment. See Complaint ¶ 3, at 2. S. Chavez is a former permittee on the Alamosa Allotment and now lives within the Unit with his wife, V. Chavez. See Complaint ¶ 3, at 2. J. Valdez is a former permittee on the Jarita Mesa Allotment and now resides within the Unit. See Complaint ¶ 3, at 2–3. The Jarita Mesa Grazing Association and the Alamosa Grazing Association (collectively, “the Associations”) are “local livestock associations made up exclusively of grazing permittees on the respective allotments.” Complaint ¶ 13, at 5. The Associations were established to: (i) protect and promote the permittees' livestock grazing on the Allotments; (ii) manage and share the costs of handling livestock, range improvements, and other programs for the benefit of the Allotments and their resources; (iii) express the Associations' members' wishes; and (iv) meet with and work with the USFS to ensure proper management of livestock and range resources on the allotments. See Complaint ¶ 13, at 6. S. Chacon was president of the Jarita Mesa Grazing Association throughout the events set forth in the Complaint. See Complaint ¶ 14, at 6. T. Griego was president of the Alamosa Grazing Association throughout the events set forth in the Complaint. See Complaint ¶ 15, at 7.
The Hispanic people in northern New Mexico have lived in the area for hundreds of years, long before the USFS was created. See Complaint ¶ 37, at 13. They have a unique culture, shaped by and dependent on their relationship with the land. See Complaint ¶ 37, at 13. The Hispanic people living in villages nearby the Carson National Forests have historically relied on the resources of the national forests of northern New Mexico for sustenance. See Complaint ¶ 37, at 13. These Hispanics rely upon the “fodder, including grasses and other forage, like the marsh hay, mushrooms, nuts, and seeds” within the Unit for their sustenance. Complaint ¶ 39, at 14. Livestock grazing is central to their cultural, social, and economic fabric, and has been since at least the 1690s. See Complaint ¶ 40, at 14. The Associations represent the communities “that have historically relied on, and continue to rely on, grazing on these ancient community ... lands.” Complaint ¶ 40, at 15.
The Board of County Commissioners of the County of Rio Arriba (“Rio Arriba County”) is a political subdivision in northern New Mexico, in which a large portion of the Carson National Forest, including the Allotments and the El Rito Ranger District, is located. See Complaint ¶ 16, at 7. The Individual Plaintiffs are all residents of Rio Arriba County. Rio Arriba County and local school districts receive payment derived from the grazing fees, in lieu of taxes, from the USFS. This payment is derived, in part, from grazing fees. Rio Arriba County is thus interested in ensuring that the “grazing permits on land administered by the Forest Service within Rio Arriba County are not unlawfully reduced.” Complaint ¶ 16, at 7. Rio Arriba County is also interested in protecting the social fabric, customs, traditions, and cultural integrity of the traditional communities within the county, and in the economic betterment of its citizens. Rio Arriba County is further interested in “making sure federal laws are followed and that its citizens are not punished by federal officials for expressing their views on federal agency policy to elected officials and others.” Complaint ¶ 16, at 7.
The USFS is an agency of the United States Department of Agriculture and is charged with the “administration of lands within the United States that have been designated as National Forest Lands.” Complaint ¶ 17, at 8. The USFS is charged with the management of the Unit. Throughout the events set forth in the Complaint, Trujillo was employed by the USFS as the El Rito District Ranger. Complaint ¶ 19, at 8. Both Allotments are located in the El Rito District of the Carson National Forest. See Complaint ¶ 1, at 2. Trujillo is charged with “managing the natural resources in her district, including the range resource.” Complaint ¶ 19, at 8.
“[A]ll or a substantial part of the events or omissions giving rise to the [Plaintiffs'] claims ... occurred within this judicial district.” Complaint ¶ 12, at 5. Beginning in the 1920s, the USFS' management practices led to a reduction of the number of Hispanic residents near the Carson National Forest who were allowed to graze in the forest under permit. See Complaint ¶ 43, at 16–17. The USFS gradually eliminated milk cow and draft horse permits. See Complaint ¶ 43, at 17. The reduction in these permits has destabilized the Plaintiffs' cultural and social fabric. See Complaint ¶ 43, at 17. The Plaintiffs have “repeatedly voiced opposition to and have been highly critical of various actions taken by the Defendants,” especially Trujillo's actions in recent years. Complaint ¶ 57, at 22–23. The Plaintiffs have written letters, spoken at public meetings, and contacted their...
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