Rangelands

A new trend in grazing litigation appears to have emerged which requires additional effort by the land management agency to limit cattle grazing on riparian areas home to endangered and threatened species under the Endangered Species Act (“ESA”). The three recent settlement agreements discussed below are groundbreaking for land management agencies: all three agreements require the agencies to be held directly accountable for the results of grazing. The agencies are required to monitor riparian areas, maintain and repair fencing, and remove trespass cattle. This development is important because it requires the agencies to take more of an immediate role in the conservation of riparian areas.