Nevada attorney general challenges federal sage grouse rules

Associated Press

Published Thursday, Oct. 22, 2015 | 9:18 a.m.

Updated Thursday, Oct. 22, 2015 | 2:06 p.m.

CARSON CITY — Nevada joined a lawsuit Thursday challenging federal land-use restrictions aimed at protecting sage grouse — a legal move that was condemned by Gov. Brian Sandoval in a tense public exchange between his office and the state's top prosecutor.

State Attorney General Adam Laxalt made the decision to join the suit, which was first filed by Elko and Eureka counties and mining companies, a few weeks after federal officials announced the bird would not be listed as an endangered species because of aggressive measures underway to protect its habitat.

However, some Republicans and rural interests have been critical of the conditions the state must accept under the arrangement.

"The federal government's one-size-fits-all sage-grouse plan will greatly hinder Nevada's growth and success," said Laxalt, also a Republican. "While I appreciate and applaud all of the efforts that have been made to negotiate a favorable outcome for Nevada ... my office, after careful legal analysis, has concluded that this suit is necessary to fully protect the interest of the state."

A Laxalt spokeswoman said the state needed to sign onto the lawsuit now so Nevada's interests are represented during a court hearing that was previously set for Nov. 12.

The legal action garnered swift condemnation from the office of Sandoval, who has been working on the sage grouse issue for more than a decade. The governor himself is currently on a trade mission to China.

"Prematurely embroiling the state in costly litigation at this juncture threatens to compromise future collaborative efforts," said his spokeswoman, Mari. St. Martin, pointing to years of work by state and local officials on the Sagebrush Ecosystem Council.

Laxalt was acting in his personal capacity and does not represent the state, governor or any state agencies, she said.

Laxalt's office shot back, saying the statement was "troubling" and "wrong."

Sandoval had applauded the federal government's decision not to list the sage grouse as an endangered species, even though he formally submitted concerns in writing about differences between the approaches of Nevada and federal officials in managing sage grouse habitat.

Other Nevada Republicans were more critical of the development, saying it looked good on the surface but was actually a bad deal for ranching, mining and development interests. U.S. Sen. Dean Heller and Reps. Cresent Hardy, Mark Amodei and Joe Heck said they supported suing the federal government.

"The land use plans BLM and the Forest Service intend to implement have created a de facto listed designation by locking up millions of acres of land," Heck said.

Heck's opponent in a highly competitive race for U.S. Senate, Democratic former Nevada Attorney General Catherine Masto, took an opposite tack, praising Sandoval for his negotiations on sage grouse issues and saying Laxalt's lawsuit was premature.

Rural Nevada counties that have signed onto the lawsuit include Churchill, Elko, Eureka, Humboldt, Lander, Lincoln, Pershing, Washoe and White Pine. Other supporters include the Nevada Petroleum Marketers Association, the Nevada Farm Bureau Federation and the Nevada Cattleman's Association.

The legal move Thursday isn't the first time Laxalt's actions have contradicted Sandoval's wishes.

In January, without prior consent from the governor, Laxalt signed Nevada onto a multi-state lawsuit challenging President Barack Obama's order to shield millions of people from deportation and allow them to apply for work permits.