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BLM's Lack of Criminal Referrals Post-Bundy Standoff Revealed

Policy

Read time: Three Minutes

Published: April 16, 2015

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AWHC Contributor

The Bureau of Land Management (BLM) has not requested the Justice Department to prosecute Nevada rancher Cliven Bundy or others involved in an armed standoff last year. This standoff occurred asBLMofficials attempted to round up cattle illegally grazing onfederal lands. Documents obtained by a government watchdog group reveal this lack of action.

Documents Released by PEER

Public Employees for Environmental Responsibility (PEER) released 44 pages of highly redacteddocumentsshowing no criminal referrals to the DOJ. Additionally, there were no instructions toBLMstaff in Nevada on handling the situation with Bundy, whose cattle continue to graze illegally on sensitivefederal landsmore than a year after the April 2014 standoff.

The Washington, D.C.-based group also released aletterfrom Theresa Coleman, chief ofBLM's Division of Information Resources Management Governance. The letter states that the agency conducted a thorough review and that the 44 pages of documents are responsive to the group's records request.

Legal Actions and Responses

The documents were released following alawsuitPEER filed againstBLMin the U.S. District Court for the District of Columbia in June 2014. The lawsuit claimedBLMfailed to respond to the group's Freedom of Information Act request (Greenwire, June 12, 2014).

PEER Executive Director Jeff Ruch expressed surprise at the scarcity of documents related to the request. He mentioned the possibility of requesting a sworn affidavit fromBLMconfirming the thoroughness of the records search.

BLM's Response and Safety Concerns

PEER initially filed the FOIA requests to understand whyBLMcalled off the high-profile, weeklong roundup of Bundy's cattle. The only response in the documents is a press statement fromBLMDirector Neil Kornze, citing safety concerns for employees and the public as the reason for halting the roundup.

PEER also sought information on measures taken to ensure employee safety amid the anti-government backlash following the Bundy standoff. The records include communications about the need for "extra safety measures" and an email advisingBLMemployees to maintain a low profile.

The group was also interested in whether the U.S. Attorney's Office declined to prosecute Bundy criminally, which would leave cattle impoundment asBLM's only option for justice. While the documents do not answer this,BLMspokeswoman Celia Boddington stated the agency remains committed to resolving the matter legally and safely.

Jessica Kershaw, an Interior Department spokeswoman, emphasized employee safety as the department's top priority, advising staff to remain situationally aware and take prudent security precautions.

Continued Criticism and Reflection

The anniversary of the Bundy standoff has reignited criticism from environmentalists and former Interior Department officials, who argue that the government's inaction emboldens Bundy and his supporters to challengeBLM's jurisdiction.

BLMestimated a year ago that 908 illegal cattle were spread across 1,200 square miles, includingBLM's Gold Butte area and the National Park Service's Lake Mead National Recreation Area.

Ruch expressed astonishment at the lack of reflection or analysis byBLMon the standoff and how to prevent similar incidents in the future.

He also questioned why it took a lawsuit to compelBLMto release the documents.

Originally Posted by E & E

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