Public Lands Council v. Babbitt

13 Fla. L. Weekly Fed. S 302, 146 L. Ed. 2d 753, 120 S. Ct. 1815, 529 U.S. 728, 2000 Colo. J. C.A.R. 2710, 2000 Cal. Daily Op. Serv. 3782, 2000 Daily Journal DAR 5053, 50 ERC (BNA) 1481, 2000 U.S. LEXIS 3134, 30 Envtl. L. Rep. (Envtl. Law Inst.) 20566, 68 U.S.L.W. 4387
CourtSupreme Court of the United States
DecidedMay 15, 2000
Docket98-1991
StatusPublished
Cited by46 cases

This text of 13 Fla. L. Weekly Fed. S 302 (Public Lands Council v. Babbitt) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Public Lands Council v. Babbitt, 13 Fla. L. Weekly Fed. S 302, 146 L. Ed. 2d 753, 120 S. Ct. 1815, 529 U.S. 728, 2000 Colo. J. C.A.R. 2710, 2000 Cal. Daily Op. Serv. 3782, 2000 Daily Journal DAR 5053, 50 ERC (BNA) 1481, 2000 U.S. LEXIS 3134, 30 Envtl. L. Rep. (Envtl. Law Inst.) 20566, 68 U.S.L.W. 4387 (U.S. 2000).

Opinions

[731]*731Justice Breyer

delivered the opinion of the Court.

This case requires us to interpret several provisions of the 1934 Taylor Grazing Act, 48 Stat. 1269, 43 U. S. C. §315 et seq. The petitioners claim that each of three grazing regulations, 43 CFR §§4100.0-5, 4110.1(a), and 4120.3-2 (1998), exceeds the authority that this statute grants the Secretary of the Interior. We disagree and hold that the three regulations do not violate the Act.

I

We begin with a brief description of the Act s background, provisions, and related administrative practice.

A

The Taylor Grazing Act’s enactment in 1934 marked a turning point in the history of the western rangelands, the vast, dry grasslands and desert that stretch from western Nebraska, Kansas, and Texas to the Sierra Nevada. Ranchers once freely grazed livestock on the publicly owned range as their herds moved from place to place, searching for grass and water. But the population growth that followed the Civil War eventually doomed that unregulated economic freedom.

A new era began in 1867 with the first successful long drive of cattle north from Texas. Cowboys began regularly driving large herds of grazing cattle each year through thousands of miles of federal lands to railheads like Abilene, Kansas. From there or other towns along the rail line, trains carried live cattle to newly opened eastern markets. The long drives initially brought high profits, which attracted more ranchers and more cattle to the land once home only to Indian tribes and buffalo. Indeed, an early-1880’s boom in the cattle market saw the number of cattle grazing the Great Plains grow well beyond 7 million. See R. White, “It’s Your Misfortune and None of My Own”: A History of the American West 223 (1991); see generally E. Osgood, The Day of the [732]*732Cattleman 83-113 (1929); W. Webb, The Great Plains 205-268 (1931).

But more cattle meant more competition for ever-scarcer water and grass. And that competition was intensified by the arrival of sheep in the 1870’s. Many believed that sheep were destroying the range, killing fragile grass plants by cropping them too closely. The increased competition for forage, along with droughts, blizzards, and growth in homesteading, all aggravated natural forage scarcity. This led, in turn, to overgrazing, diminished profits, and hostility among forage competitors — to the point where violence and “wars” broke out, between cattle and sheep ranchers, between ranchers and homesteaders, and between those who fenced and those who cut fences to protect an open range. See W. Gard, Frontier Justice 81-149 (1949). These circumstances led to calls for a law to regulate the land that once was free.

The calls began as early as 1878 when the legendary southwestern explorer, Major John Wesley Powell, fearing water monopoly, wrote that ordinary homesteading laws would not work and pressed Congress to enact “a general law ... to provide for the organization of pasturage districts.” Report on the Lands of the Arid Region of the United States, H. Exec. Doc. No. 73, 45th Cong., 2d Sess., 28 (1878). From the end of the 19th century on, Members of Congress regularly introduced legislation of this kind, often with Presidential support. In 1907, President Theodore Roosevelt reiterated Powell’s request and urged Congress to pass laws that would “provide for Government control of the public pasture lands of the West.” S. Doc. No. 310, 59th Cong., 2d Sess., 5 (1907). But political opposition to federal regulation was strong. President Roosevelt attributed that opposition to “those who do not make their homes on the land, but who own wandering bands of sheep that are driven hither and thither to eat out the land and render it worthless for the real home maker”; along with “the men who have already [733]*733obtained control of great areas of the public land . . . who object . . . because it will break the control that these few big men now have over the lands which they do not actually own.” Ibid. Whatever the opposition’s source, bills reflecting Powell’s approach did not become law until 1934.

By the 1930’s, opposition to federal regulation of the federal range had significantly diminished. Population growth, forage competition, and inadequate range control all began to have consequences both serious and apparent. With a horrifying drought came ‘dawns without day’ as dust storms swept the range. The devastating storms of the Dust Bowl were in the words of one Senator “the most tragic, the most impressive lobbyist, that ha[s] ever come to this Capitol.” 79 Cong. Rec. 6013 (1935). Congress acted; and on June 28, 1934, President Franklin Roosevelt signed the Taylor Grazing Act into law.

B

The Taylor Act seeks to “promote the highest use of the public lands.” 43 U. S. C. §315. Its specific goals are to “stop injury” to the lands from “overgrazing and soil deterioration,” to “provide for their use, improvement and development,” and “to stabilize the livestock industry dependent on the public range.” 48 Stat. 1269. The Act grants the Secretary of the Interior authority to divide the public range-lands into grazing districts, to specify the amount of grazing permitted in each district, to issue leases or permits “to graze livestock,” and to charge “reasonable fees” for use of the land. 43 U. S. C. §§ 315, 315a, 315b. It specifies that preference in respect to grazing permits “shall be given ... to those within or near” a grazing district “who are landowners engaged in the livestock business, bona fide occupants or settlers, or owners of water or water rights.” § 315b. And, as particularly relevant here, it adds:

“So far as consistent with the purposes and provisions of this subchapter, grazing privileges recognized and ac[734]*734knowledged shall be adequately safeguarded, but the creation of a grazing district or the issuance of a permit. . . shall not create any right, title, interest, or estate in or to the lands.” Ibid.

C

The Taylor Act delegated to the Interior Department an enormous administrative task. To administer the Act, the Department needed to determine the bounds of the public range, create grazing districts, determine their grazing capacity, and divide that capacity among applicants. It soon set bounds encompassing more than 140 million acres, and by 1936 the Department had created 37 grazing districts, see Department of Interior Ann. Rep. 15 (1935); W. Calef, Private Grazing and Public Lands 58-59 (1960). The Secretary then created district advisory boards made up of local ranchers and called on them for further help. See 2 App. 809-811 (Rules for Administration of Grazing Districts (Mar. 2, 1936)). Limited department resources and the enormity of the administrative task made the boards “the effective governing and administrative body of each grazing district.” Calef, supra, at 60; accord, P. Foss, Politics and Grass 199— 200 (1960).

By 1987 the Department had set the basic rules for allocation of grazing privileges.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Iron Bar Holdings v. Cape
131 F.4th 1153 (Tenth Circuit, 2025)
Thornburgh v. Cyrus
562 P.3d 662 (Court of Appeals of Oregon, 2024)
Stacy Sinquefield v. The City of Ridgeland, Mississippi
Court of Appeals of Mississippi, 2024
Alt v. United States
D. Nevada, 2022
Kim v. McAleenan
D. Colorado, 2020
W. Watersheds Project v. Bernhardt
392 F. Supp. 3d 1225 (D. Oregon, 2019)
United States v. Korman
2018 MT 232 (Montana Supreme Court, 2018)
USA BLM - Barthelmess
2016 MT 348 (Montana Supreme Court, 2016)
United States v. Barthelmess Ranch Corp.
2016 MT 348 (Montana Supreme Court, 2016)
Ohio Coal Ass'n v. Perez
192 F. Supp. 3d 882 (S.D. Ohio, 2016)
Legro v. Robinson
2015 COA 183 (Colorado Court of Appeals, 2015)
Kaysville City v. Federal Deposit Insurance
557 F. App'x 719 (Tenth Circuit, 2014)
Western Watersheds Project v. Bob Abbey
719 F.3d 1035 (Ninth Circuit, 2013)
United States v. Kreutzer
70 M.J. 444 (Court of Appeals for the Armed Forces, 2012)
DePierre v. United States
131 S. Ct. 2225 (Supreme Court, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
13 Fla. L. Weekly Fed. S 302, 146 L. Ed. 2d 753, 120 S. Ct. 1815, 529 U.S. 728, 2000 Colo. J. C.A.R. 2710, 2000 Cal. Daily Op. Serv. 3782, 2000 Daily Journal DAR 5053, 50 ERC (BNA) 1481, 2000 U.S. LEXIS 3134, 30 Envtl. L. Rep. (Envtl. Law Inst.) 20566, 68 U.S.L.W. 4387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/public-lands-council-v-babbitt-scotus-2000.