Western Lands
Update Western Lands Project
Fall 2006 Research, Outreach, and Advocacy to Keep Public Lands Public Vol. 10, No. 2
Western Lands Project sues over illegal Nevada land trade
O
n August 28, Western Lands Project and
Nevada Outdoor Recreation Association filed
suit against the Bureau of Land Management
(BLM) in federal court in Reno, Nevada. Plain-
tiffs believe the BLM violated environmental
and public land laws when it adjusted the boundaries
of 10,000 acres of leased land for a developer. The
case will be handled by Western Lands staff attorney
Chris Krupp.
The land in question is public land that was being
leased to developer Harvey Whittemore’s Coyote
Springs Investment company (CSI). The leased land
was to be protected habitat for the threatened desert
tortoise, and sat in the middle of 28,000 acres owned
by CSI, fragmenting the developable land. BLM
reconfigured the boundary so that the lease area sat
at the eastern edge of the CSI land. Whittemore plans
to build a new community of 150,000 homes and ten
or more golf courses on the CSI-owned land. The
development is about one hour north of Las Vegas.
The 28,000 acres owned by CSI was public land until
1988, when Congress traded it to defense contractor
Aerojet in exchange for land in the Florida Ever-
glades. Aerojet wanted the land for rocket testing, but
when its plans changed the company sold the land
to an investment group, which later sold it to Whit-
temore.
In February 2005, BLM reconfigured the boundary
via a corrective patent (a patent is the instrument
used to convey public land), but the transaction BLM
and Whittemore entered into was actually a land
exchange—not a mere “correction,” but a substantial
change in the entire property configuration.
We are suing because the agency violated the
National Environmental Policy Act by failing to
Seattle, Washington
conduct an environmental analysis of the action. It
also completely bypassed land exchange procedures
under the Federal Land Policy & Management Act
(FLPMA), which require (1) appraisals to determine
that trade lands are of equal value and (2) a determi-
nation that an exchange serves the public interest.
BLM claims that it consulted with the US Fish and
Wildlife Service prior to the reconfiguration and
that the wildlife agency concluded the new bound-
ary would benefit the threatened desert tortoise. But
the agency fails to explain why the public was never
consulted about the trade and why appraisals weren’t
done. BLM’s claims also conflict with the bill that
traded the land to Aerojet in 1988. Congress decided
to lease rather than exchange the land in the middle
of the site precisely in order to protect tortoise habi-
tat.
The Coyote Springs development has already gener-
ated substantial controversy over issues of “leapfrog”
development, water supplies, and habitat concerns.
In 2004, Whittemore’s longtime friend, Senator
Harry Reid (D-NV), got legislation passed that moved
an empty transmission line right-of-way off the CSI
land, opening an additional 11,000 acres to housing
and golf course development. More recently, Reid
and his staff intervened in an Army Corps of Engi-
neers permitting process for the project, cutting short
an environmental analysis for the development.
You can read the Los Angeles Times coverage of our
lawsuit and Senator Reid’s actions at:
www.westernlands.org/assets/LeaseLawsuitLAT.pdf
and
www.westernlands.org/assets/LATDesert_Conn.pdf
 Privatization bills: enough is enough
A
host of bad proposals from Congress water pipeline projects; distribute land sale
and the White House to sell off our money to local government; push through
“I’m not going public lands has come and gone over pet projects to reward important constitu-
the last few months. Among them were ents….and designate some wilderness.
to support
the Colorado congressman’s proposal to Three quid pro quo bills now pending in
[Kempthorne] sell parkland to raise funds for Katrina Congress would sell or give away over
unless I have a relief, another politician’s bid to sell vast 80,000 acres of public land to private inter-
good long con- western acreages to mining companies, and ests, and a fourth includes land trades of
the Bush Administration’s scheme to sell
versation about national forest land to fund rural schools.
which the acreages are known only to the
ranchers who would benefit. If these four
public land These and other bad ideas were roundly bills pass, a total of more than 330,000 acres
issues… rejected by the public, and even anti-envi- of public land will have been privatized
ronmental politicians lined up at the micro-
We can’t have phones to declare their outrage over the
over the past six years by way of quid pro quo
legislation.
an Interior sec- very idea of privatizing public lands.
retary…who Even as web alerts and newsletters decry
But the push to privatize has not been public land sell-off proposals, a handful of
wants to sell abandoned. As you know from previous powerful conservation organizations is sup-
public land newsletters and missives from Western porting these bills.
Lands, the most insidious outlet for the
to the highest privatizers is the phenomenon we call “quid Faced with the specter of a four-bill public
bidder.”--Sena- pro quo wilderness.” Since 2000, there has lands disaster in Congress, Western Lands
and more than 80 of our fellow grassroots
tor Harry Reid, been an increasing number of bills brought
and regional conservation groups have
before Congress that sell off, even give
D-Nevada, on away, public land to benefit local inter- issued an open call for a moratorium on
then-nominee, ests; facilitate sprawling development and 
now Interior
Secretary Dirk
Kempthorne
(reported in
Idaho Statesman,
March 17, 2006).
Reid is co-sponsor of
a bill for White Pine
County, Nevada that
would put 45,000
acres of public land up
for sale to the highest
bidder. Previous Reid
legislation has sold off
some 150,000 acres of
public land to the high-
est bidder.

Cartoon by
Pat Bagley,
The Salt Lake Tribune

Western Lands Update  Fall 2006

 Thanks, as always, to our
—Privatization bills continued
these damaging proposals. We are asking
our colleagues throughout the conserva-
tion community and beyond to join us in kind & generous donors
opposing quid pro quo and working to pro- Deborah Rappaport & Adam Tratt,
tect all public lands. Dave Atcheson, Molly Attell, Lynne
You can learn more about the current bills
Bama, Janine Blaeloch, Rosemary
and read the moratorium letter on the
Blalock Gunning, Denise Boggs, Sandy
home page of our website at westernlands.
Boothe, Vernon Brechin, Barton
Brown, MD, William and Barbara
org. Please consider listing your organiza-
Brunsvold, Linda T. Campbell, Kate Keep the support
tion with more than 80 others who oppose
the unacceptable tradeoffs of quid pro quo.
Campbell, Sheila & Mel Canal—For
Marianne in Loving Evian, Gae Can-
coming!
Donations from our
field, Rebecca Cate, Colby Chester,
Thanks to the foundations Robert Colwell, April Crowe, B.J.
Park & D.W. Wiegand, Betsy Dennis*,
members are critical
for our ongoing work.
supporting our work! Craig & Lynn Dible, David & Martha
Doty, Mark Drake, Linda Driskill, Lois
When you donate to
Western Lands you
Cinnabar Foundation Eagleton, George Early, Paul & Gladys
can be assured that
the impact of your
The Good Works Institute Rae Eaton, Janet Elaine Ebaugh,
support is immediate
Josiah “Jim” Erickson, Jr., Alan &
Furthur Foundation Myra Erwin, Garth Ferber, Deborah
and gratefully felt in
the office—and your
William & Flora Hewlett Foundation Filipelli*, Katie Fite, Kathleen Flac-
money starts working
cus, Dan Fogarty, Linda Garrison,Jean
Maki Foundation Gerth, Walter & Virginia Gipson, Peter
as soon as it gets here.
So please, continue to
Threshold Foundation Goldman, Charles Hancock*, Joanne
support us and we’ll
Hedou, Tim Hermach,John P. Higgins,
continue the fight
Nathaniel Jackson, Michael Frome &
to keep public lands
Western Lands Project June Eastvold*, Steve Kelly*, Fayette
Krause*, Elizabeth Krupp, Chris Krupp,
public!
P.O. Box 95545
Conway Leovy, Allan J. Lindrup, John
Seattle, WA 98145-2545
S Livermore, Mike Maloney*, Brandt
phone 206.325.3503
Mannchen, Marion Marsh, Joan and
fax 206.325.3515
Clyde McClelland*, Dorothy J. Musil,
www.westernlands.org
Janice Naragon, George Patrick Nease,
Board of Directors Martha Nicholson, Dr. John & Rachael
P Osborn, John Osgood, Giancarlo Pan-
Rebecca Rundquist, President,
Chatham, NJ agia, Jana Paschal-Gray*, Debra Patla,
Marianne Dugan, Eugene, OR Deborah Paulson, Sandra Perkins*, Jock
Sandy Lonsdale, Bend, OR Pribnow, Beth Rogers, Paul Rogland,
Erica Rosenberg, Phoenix, AZ Beth Rosenberg, Jeff Ruch, Susan
Rundquist Palmer, Stefanie Sekich,
Staff Richard Slagle, Susan & Jim Spitzer,
Paul Swetik, Bryndel Swift, Andrew
Janine Blaeloch, Director, blaeloch@
westernlands.org Nelson & Teresa Ward, JB Tropp,
Jeanne Y Turgeon, Wolter Van Doorn-
Christopher Krupp, inck, William Weber, Jane Whalen, Nat
Staff Attorney & Jean White, Steven Wolper, Winnie
krupp@westernlands.org Wong, Raymond Ziarno
Joanne Hedou *Thank you to those who sent dona-
Program Coordinator tions to match the Cinnabar Grant!
hedou@westernlands.org
Western Lands Update  Fall 2006
 Western Lands Project
PO Box 95545
Seattle, WA 98145-2545

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