Judge rules local agencies need approval before cutting trees on federal land

A judge has ruled that a New Mexico state law authorizing counties to cut and remove trees from federal land without approval of the federal government is unconstitutional. In a September 30 ruling, Chief U.S. District Judge Christina Armijo wrote that the law passed in 2001 by the legislature and a resolution approved by the Otero County Board of County Commissioners in 2011 violated the supremacy clause of the U.S. constitution. Armijo ruled Congress, not the state or the county, has sole authority to control federal lands.

The 2001 law stipulated that if a county declared a “disaster” as a result of the federal government’s land management actions or inactions, the county “may take such actions as are necessary to clear and thin undergrowth and to remove or log fire-damaged trees within the area of the disaster.” The tree cutting could be done after “consulting with the state forester and the regional United States forester”, but the county would not be bound by the opinion of the U.S. Forest Service.

Otero County did in fact declare a “disaster” in 2011 and developed a plan to cut and remove trees on 69,000 acres (108 square miles) of land on the Lincoln National Forest east of Alamogordo, New Mexico. They publicly announced their intentions and the U.S. Forest Service stated their opposition.

A confrontation appeared likely between federal employees and the county’s contractors attempting to cut trees on National Forest land. The possibility arose of conflicts between armed federal law enforcement officers and the county sheriff.

The Supervisor of the Lincoln National Forest, Robert Trujillo, was told by a Deputy Sheriff that Otero County Sheriff Benny House did not recognize Forest Service authority or jurisdiction, and that Sheriff House stated that he would arrest Forest Service law enforcement officers on kidnapping charges if they arrested anyone implementing Otero County’s project.

Now that the state law and the county resolution have been determined to violate federal law and the U.S. constitution, the conflict could be over. Unless — Otero County decides to cut the trees in spite of the Judge’s ruling, or they appeal the decision.

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Author: Bill Gabbert

After working full time in wildland fire for 33 years, he continues to learn, and strives to be a Student of Fire.

3 thoughts on “Judge rules local agencies need approval before cutting trees on federal land”

  1. Over the years there have been periodic and perennial cries from conservative enclaves across the West, demanding that federal lands should be handed over to state or local control. That’s all fine and dandy till the county commissioners and taxpayers stare into the face of a $3 million tab for fire suppression.

    I lived for several years in the Bitterroot Valley south of Missoula, with about 16 persons per square mile (keep in mind the entire population of the state of Montana is under 1 million), and something close to 75% of the land in the county is federal. The Ravalli County commissioners (a dismally unintelligent lot) have been yammering for years that they should be granted ownership, or at least control, of all that federal land. Hell, the county would be bankrupt in a year.

    For those of you interested, keep an eye on newish Washington State legislation, which may or may not allow landowners to do their own “fire suppression” activities not unlike what happened on Idaho’s recent clusterfire. (And if you follow Rocky Barker in the Idaho Statesman you’ll likely see updates on both.)

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    1. Kelly’s comment about the Ravalli County, Montana Commissioners (“a dismally unintelligent lot”) is proof that as we grow older, we grow more mellow! Her comments are some of the nicest things that I’ve heard said about them in years. They even have to have 5 Commissioners to match the IQ of the normal 3 Commissioners that all the other 55 Montana Counties have.
      They have “drank the Cool Aid/Tea” and believe that local government is smarter and more capable than the current management system. Have they already forgotten the costs and destruction of the 2000 Bitterroot Fires?
      It’s the nature of small counties in the rural West to look down on Feds, yet these same counties never fail to go out, hands extended, for Fed $$ for hiways, bridges, Ag subsidies, cheap grazing, dams, telecommunications, etc (you fill in the blanks).
      Wildfires and other natural disasters (like flooding now happening in South Carolina) are going to occur regardless of your political persuasion. Just like my tax dollars are now helping those folks in SC, I’m hoping that wildfire costs and responsibilities will remain as is on Federal lands here in Montana.

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  2. Until the federal land management agencies start holding governments, private land owners, permittees, and others accountable for violations we will continue to experience this silliness. What happened at the Teepee fire appears to be totally unacceptable. While we continue to wait for a response concerning the Cliven Bundy bad theater. Federal employees being threatened, harassed, among other things is a travesty. Now, we must all remember that our authority must be used in the highest regard, legality. Listen to the pontiff…do unto others…

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