Federal ruling invalidates New Mexico statute authorizing tree removal on national forest land

The FedGov will always dominate (their guns are bigger than ours). And it has been that way since the day General Lee walked out of that courthouse.

Separation is our only solution. — jtl, 419

A Handbook for Ranch ManagersALBUQUERQUE, N.M. — A judge has struck down a state law that gave New Mexico counties the authority to clear overgrown areas on national forest land without having to get approval from the federal government. Chief U.S. District Judge Christina Armijo issued a ruling this week  Planned Grazing: A Study Guide and Reference Manual invalidating the statute, saying it was unconstitutional. Her ruling came in the case of an Otero County resolution that was based on the 2001 state law. The county passed its resolution in May 2011 and announced plans to thin more than 100 square miles on the Lincoln National Environmental & Natural Resource Economics: The Austrian ViewForest to reduce the threat of wildfire. The U.S. Forest Service sued, saying federal law pre-empted the statute and the resolution. Armijo ruled Congress — not the state or the county — has sole authority to control federal lands.  AP

The Dept. of Justice issued a statement:

Combat Shooter's Handbook Reconnaissance Marine MCI 03.32f: Marine Corps Institute The Betrayed: On Warriors, Cowboys and Other MisfitsThe lawsuit sought an order declaring that the New Mexico statute and Otero County The Essence of Liberty: Volume I: Liberty and History: The Rise and Fall of the Noble Experiment with Constitutionally Limited Government (Liberty and ... Limited Government) (Volume 1)  The Essence of Liberty: Volume II: The Economics of Liberty (Volume 2) The Essence of Liberty: Volume III: A Universal Philosophy of Political Economy (Liberty: A Universal Political Ethic) (Volume 3)resolution were preempted by federal law and thus were unconstitutional.  The court held that Congress possesses the sole authority to control federal lands under the U.S. Constitution’s Property Clause.  The court went on to find that the Otero County resolution and New Mexico statute are in “direct conflict” with federal law, including Forest Service regulations prohibiting the cutting and removal of trees on National Forest lands without Forest Service authorization.  It also held that the resolution and statute were inconsistent with several federal statutes by which Congress has delegated the authority to manage National Forests to the Forest Service – not the State or the County.  

The following is language from the decision:

The Court thereafter considers the substantive two-part dispute between the United States and Otero County raised by their cross-motions for summary judgment. The first aspect of this dispute requires the Court to examine the line be tween the powers delegated to the United States by the Property Clause of the Constitution and those police powers reserved to the states under the Tenth Amendment. The Court concludes that the Property Clause grants the federal government plenary power over federal lands, and consequently that the Tenth Amendment does not reserve an exclusive sovereign right to New Mexico to regulate federal lands in contravention of federal law. With respect to the second aspect of the dispute, the Court concludes that the New Mexico statute and Otero County Resolution conflict with federal law and therefore are invalid pursuant to the Supremacy Clause of the United States Constitution. 

You can read the decision here.

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Planned Grazing: A Study Guide and Reference ManualPlanned Grazing: A Study Guide and Reference Manual. This is the ideal squeal to A Handbook for Ranch Managers.  Although the ecological principles remain the same, what was originally known as “The Savory Grazing Method” now answers to a multitude of different names: ranching for profit, holistic management, managed grazing, mob grazing, management intensive grazing, etc. Land & Livestock International, Inc. uses “Restoration Grazing” under its “Managing the Ranch as a Business” program.” No mater what you call it, this summary and synopsis will guide you step by step through the process and teach you how to use it as it was originally intended. No more excuses for failing to complete your grazing plans.

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About Land & Livestock Interntional, Inc.

Land and Livestock International, Inc. is a leading agribusiness management firm providing a complete line of services to the range livestock industry. We believe that private property is the foundation of America. Private property and free markets go hand in hand—without property there is no freedom. We also believe that free markets, not government intervention, hold the key to natural resource conservation and environmental preservation. No government bureaucrat can (or will) understand and treat the land with as much respect as its owner. The bureaucrat simply does not have the same motives as does the owner of a capital interest in the property. Our specialty is the working livestock ranch simply because there are so many very good reasons for owning such a property. We provide educational, management and consulting services with a focus on ecologically and financially sustainable land management that will enhance natural processes (water and mineral cycles, energy flow and community dynamics) while enhancing profits and steadily building wealth.
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