Labrador joins Utah land lawsuit

Idaho Attorney General Raúl Labrador joined a lawsuit seeking the transfer of millions of acres of federal land to a handful of western states.

An amicus or “friend of the court” brief filed by his office last week links Idaho to litigation initiated by Utah that argues the federal government can not legally retain unappropriated lands — those for which a purpose has not been designated. It does not include land that has been set aside for national forests, national parks, national wildlife refuges, wilderness areas or military bases.

In Idaho, that amounts to 9 million acres or about 17% of the state. Most of it is found in the high deserts of southern Idaho but it also includes large chunks along the lower Salmon River, the Snake River in Hells Canyon, the Elk City Township and even some parcels around Lake Coeur d’Alene.

Utah and Idaho along with a handful other western states and special interest groups contend the federal government was supposed to dispose of unappropriated land within their borders but has instead held it, causing them harm. They argue federal retention of the land shackles the states economically and infringes on their jurisdiction.

Labrador’s brief says Idaho is deprived of income from taxes the land might bring in if it were private, or fees from activities like mining or logging if it were owned by the state.

“In other words, federal ownership of State land is funneling billions of dollars away from States

annually. If the federal government were required to dispose of these lands, the States could own and manage them and conduct the same sorts of activities that the federal government currently does.”

The brief says unlike other states, Idaho and its fellow litigants are deprived of the ability to administer or manage much of the land within their borders through laws, regulations, rules and the use of eminent domain. As an example, the brief cites the proposed Lava Ridge wind farm near Twin Falls. The project is opposed by local communities, Gov. Brad Little and the state’s congressional delegation.

“But the BLM doesn’t have to care; the citizens of Idaho have exactly as much power over this project as the citizens of Illinois or New Jersey — or perhaps less, since there are fewer of them.”

Labrador draws a contrast between the management of state endowment land and the management of federal timber land. He argues state land that is managed to achieve the maximum long-term financial return to endowment beneficiaries is healthier than federal land that is managed for multiple uses. His brief says the federal government is a poor neighbor that allows fires, diseases and insect infestations to spread from its land to state endowment land and private land.

“Idaho, on the other hand, has made enormous investments to preserve the health and natural beauty of its public lands. The forests are a treasure to Idahoans — campers, hunters, and birdwatchers alike.”

Jonathan Oppenheimer, government relations director for the Idaho Conservation League, said Idaho would not be able to afford to fight fires and maintain roads, trails and other infrastructure on the lands in question and would likely seek to sell them to billionaires and corporations.

“They would come in with millions and billions of dollars and slap up no trespassing signs,” he said. “That is something that unites Idahoans across the political spectrum — the ... access to federal lands.”

Utah’s lawsuit is seeking to skip lower courts and have the case move straight to the Supreme Court.

Barker may be contacted at ebarker@lmtribune.com or at (208) 848-2273.