Monday, December 3, 2012

New Mexico defeats Wild Earth Guardians on wolf lawsuit!!


WE WON!!!


The Federal district court handed out a decision today defeating Wild Earth Guardians in the law suit they brought against the New Mexico Game & Fish.
The court granted the NM Game and Fish & the NM trappers association and interveners cross motion for summary judgement with dismissal. The court agrees the motion to dismiss should be granted and the motion for summary judgement is granted.

So, WildEarth Guardians not only lost the wolf reintroduction land grab suit they may have to pay court fees.

The 46 page paper will be uploaded as soon as it arrives.

Regards BPB
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Yesterday afternoon (3 Dec 2012) the Federal Court in Alb. made known its findings (first paragraph of a 46 page document):


WILDEARTH GUARDIANS,
Plaintiff,

V. No. CIV 12-118 LFG/KBM

JAMES LANE, Director of the New Mexico Department of Game and Fish, sued in his official capacity; and JIM McCLINTIC, Chairman of the New Mexico State Game Commission, sued in his official capacity,

Defendants, and

NEW MEXICO TRAPPERS ASSOCIATION, NEW MEXICO COUNCIL OF OUTFITTERS

& GUIDES, INC., NEW MEXICO FARM &
LIVESTOCK BUREAU, COALITION OF ARIZONA/NEW MEXICO COUNTIES FOR STABLE ECONOMIC GROWTH, UNITED SPORTSMEN FOR FISH AND WILDLIFE, INC.,

NEW MEXICO CATTLE GROWERS' ASSOCIATION, NEW MEXICO WOOL GROWERS, INC.,
AND NEW MEXICO FEDERAL LANDS COUNCIL,
Defendant- Intervenors, and
ARIZONA GAME AND FISH COMMISSION,
Amicus Curiae.
MEMORANDUM OPINION AND ORDER 1

1The issues before the Court are of substantial importance and compel a thorough and thoughtful consideration of the parties' arguments and authorities. This lawsuit impacts the effective and efficient management of govermnent under applicable law and also critical environmental issues involving the management and protection of the Mexican gray wolf. The Court expresses its thanks and appreciation to the parties and Amici for their advocacy and their thorough, comprehensive arguments and briefing.

"THIS MATTER is before the Court on Defendants' motionto dismiss' and the parties' and intervenors' crossmotions for summaryjudgment [Doc. Nos. 11, 71, 72.] The motions are fully briefed.[Doc. Nos. 47, 49, 58, 60, 83, 89.] The Court determines that oral argumentis not necessary. After careful consideration of the pertinent law, pleadings and attachments,intervenors' pleadings,3 theparties'errata and additionaldeclarations, along with the amici curiae briefing,the Court concludes that Defendants' motionto dismiss shouldbe granted. Additionally, the Court concludes that summary judgment should be granted in favor of Defendants." (We are working on getting the entire 46 pages on our web page.)

Folks, this is a grand win for trappers and hunters alike. It is a black and white, slam dunk win! The dismissal was with prejudice which means they cannot re-file this suit. The Summary Judgment becomes case law for others to reference and an additional hurdle for the antis to over come. Enjoy and thanks for your support.

Now for the not so good side of all of this; in a few weeks we will be at it again in Santa Fe fighting the same bunch, this time in the legislature. What fun! Winning this lawsuit was costly and has badly depleted our cash on hand. Santa Fe could get expensive too and you can bet that more lawsuits will be coming in the future. Now is the time to knuckle down and help rebuild our war-chest. We have caps, t-shirts, trapping books, raffles tickets and memberships for sale; sell some, buy some...Christmas is coming! We always welcome new members there is real strength in numbers when it comes to Santa Fe! This year our Fur Sale is after trapping is done and in a new facility that is heated and well lighted; will you help refill our coffers by selling your fur at the sale?

The bottom line is pretty straight forward, over the last decade the NMTA has prevailed in every battle in which it has had a fighting chance. Because of the NMTA trapping in NM has been protected and advanced. With this latest court ruling, trapping and hunting across the country has been strengthened; this is a first and your association (you) led the way. We must continue these wining ways. To do this we will need the continued and energized support of our members. Please get the word out and help rally the stragglers into joining with us and supporting our cause.

Again, thank you each and all for your help and support.

NEW MEXICO TRAPPERS ASSOCIATION
P.O. Box 15534
Rio Rancho, NM 87174

On behalf of the NMTA BOD
Tom McDowell
President
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Trapperman.com







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