ELR Citation: ELR 20561
No(s). 95-K-531 (D. Colo. Nov 18, 1996)

The court enjoins a ranch owner residing within the Dinosaur National Monument (DNM) from dumping waste at a site within the DNM and orders the National Park Service (NPS) to restore the owner's water-diversion equipment that it removed and restore the owner's historic access to another site within the DNM. The court holds that the presence of a snowmobile chassis, parts, and other items on the land is contrary to historic use and constitutes a dump. Because absent injunctive relief, the dump will cause irreparable harm to the environment, the court orders the ranch owner to remove the debris. The court next holds that the NPS has not shown a likelihood of success on the merits of its counterclaim that the ranch owner trespassed on the national land, engaged in illegal water development, and diverted water sources. To the contrary, the evidence and the court's inspection of the area reveals the ranch owner's historic access to the water sources in controversy. The court holds that the NPS unlawfully removed the ranch owner's spring box and pipes and orders the NPS to restore them to their former condition at its own expense. Next, the court holds that questions regarding whether the rancher has allowed overgrazing, and the effect of such overgrazing, given the damage caused by the use of campsites in the grazing area, preclude an assessment of the likelihood of the NPS' success on the merits regarding trespass due to overgrazing. The court next holds that the evidence received to date does not establish that the ranch owner has violated regulations prohibiting illegal road development and off-road vehicle use on DNM lands. Thus, the court cannot find there is a likelihood of the NPS' success on the merits with regard to this aspect of its counterclaim. The court also holds that the NPS has eliminated the ranch owner's family historic access to one site, and orders the NPS to provide this access to the ranch owner. The court finally holds that the NPS' failure to follow the procedures set out in the federal regulations for imposing penalties for the ranch owner's alleged violation of the relevant federal regulations does not preclude it from seeking injunctive relief.

Counsel for Plaintiff
Stanley F. Johnson
Vranesh & Raisch
1720 14th St., Boulder CO 80306
(303) 443-6151

Counsel for Defendants
Michael E. Hegarty, Ass't U.S. Attorney
U.S. Attorney's Office
1961 Stout St., Rm. 1200, Denver CO 80294
(303) 844-2081