We are still waiting for the voice of Nevada voters to be heard — 22 years and counting

Facebook has this algorithm that pops up something you’ve shared online in the past and asks if you’d like to repost it. It might a cute pix of your dog or a vacation remembrance.

This time it turned out to be a reminder that the will of the voters of Nevada had been ignored for 16 years. It was a link to a blog based on a column that appeared in the Battle Born Media newspapers. Oh yes, it was first posted in February 2012, six years ago, so now the will of the Nevada voters has been ignored for 22 years.

Here is the column appeared in the newspapers but has long since disappeared into the ether:

By Thomas Mitchell

This is not federalism. It is feudalism.

As most Nevadans know, the federal government holds sway over somewhere between 83 and 92 percent of the land in this state, depending on which official government source you cite. That is the highest percentage of any state in the union, including Alaska.

This is the result of something known as a Disclaimer Clause included in the statehood act admitting Nevada as a state. As a condition of entry into the union, the state was required to “forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States.”

The federal government, not the state, controls the land known as Mount Wilson. (Pix by Jo Mitchell)

Putting aside the extortionate nature of the demand and that it was agreed to under duress and that it encumbered generations not yet born, nowhere in the Constitution is the federal government granted an enumerated power to deny any state sovereignty over its own lands. Even sharecroppers have more rights than that.

Over the years it has been unsuccessfully argued that the Disclaimer Clause violates the spirit and letter of the Equal Footing Doctrine under which every new state admitted to the union does so under the same conditions as the 13 original states.

On Oct. 31, 1864, the president proclaimed:

“Now, therefore, be it known, that I, Abraham Lincoln, President of the United States, in accordance with the duty imposed upon me by the act of congress aforesaid, do hereby declare and proclaim that the said State of Nevada is admitted into the Union on an equal footing with the original states.”

In fact, in 1911 the U.S. Supreme Court in Coyle v. Smith opined, “No prior decision of this court sanctions the claim that Congress, in admitting a new State, can impose conditions in the enabling act, the acceptance whereof will deprive the State when admitted of any attribute of power essential to its equality with the other States.”

That seems clear enough, but it has been roundly ignored.

Grazing rights are routinely canceled for arbitrary reasons. Roads are closed in order to protect some minnow or bug no matter how much it inconveniences the residents. Permission to obtain rights of way and mining permits languish for decades in the federal bureaucracy. All should be responsibilities of the state of Nevada.

It is estimated that 13 Western states forgo $4.2 billion a year in property taxes due to the vast holdings of untaxed land by the federal government.

In 1993 Nye County Commissioner Dick Carver wrote a lengthy letter to the governor and the various heads of the federal agencies controlling public land in the state. He convincingly argued:

“The people of the Nevada Territory had no authority to pass this act. Research has shown that first, the people of the Territory of Nevada had to give up all their ‘interest’ in the unappropriated lands of the Nevada territory to the Congress of the United States so Congress could pass said lands to the State of Nevada upon acceptance of Nevada into the Union. Then Nevada would become a free sovereign state as the original thirteen states relating to land.”

What many have forgotten is that in 1996 the citizens of Nevada voted to change the Nevada Constitution and strike the Disclaimer Clause. It passed with more than 56 percent of the votes.

Ballot Question 4 read simply: “Shall the Territorial Ordinance of the Nevada Constitution be amended to remove the disclaimer of the state’s interest in the unappropriated public land?” Yes or no.

Nearly 16 long years later, the state Constitution still contains a footnote explaining that the amendment was “proposed and passed by the 1993 legislature; agreed to and passed by the 1995 legislature; and approved and ratified by the people at the 1996 general election, effective on the date Congress consents to amendment or a legal determination is made that such consent is not necessary.”

Congress has not consented. There has been no legal determination.

Speaking of feudalism, the right to petition for redress of grievances was first embodied in the Magna Carta in 1215.

The Founders thought this so fundamental they included it in the First Amendment as one of five key rights delineated there.

For the voters of Nevada, this right has not been denied, just simply ignored.

In the subsequent blog I noted that I had emailed the office of Gov. Brian Sandoval and asked what he would do, if anything, to address the vote of the citizens of Nevada taken nearly 16 years earlier, but roundly ignored ever since.

I wrote, “I’ve had no reply yet. Just like the voters. I wonder if I will still be waiting 16 years hence.”

Well, it has been six years, only 10 more to go.

YouTube video posted with the blog six years ago:

 

 

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Editorial: Nevada challenges California’s sanctuary cities

This past summer Nevada joined with other states in challenging a California federal judge’s decision to block President Trump’s executive order that would deny some federal funding for sanctuary cities, saying that such cities near Nevada pose a threat to public safety.

The judge sided with Santa Clara County, the city of San Francisco and other jurisdictions who argued that taking away federal funds from cities that do not cooperate with federal immigration enforcement could be unconstitutional.

With the case now going to the 9th U.S. Circuit Court of Appeals, Nevada Attorney General Adam Laxalt has again joined with other attorneys general to file a friend-of-the-court brief.

“It is common sense that dangerous felons should not be released into neighborhoods, and that law enforcement must work together for public safety,” Laxalt was quoted as saying in a press release announcing the filing. “Sanctuary cities in California pose a danger to neighboring states like Nevada by making it easier for those not lawfully in this country and with violent criminal histories to evade law enforcement and travel out of state. What’s more, these cities undermine the rule of law and prevent cooperation between federal and local officials.”

The filing points out that one of the states seeking to overturn the judge’s ruling, West Virginia, is near Baltimore, which has adopted sanctuary city policies and is the source of illegal drugs that spill into West Virginia. “Sanctuary policies deprive jurisdictions of important tools that could assist with preventing such out-of-state drug trafficking,” the brief argues.

Days after taking office President Trump signed an executive order directing federal agencies to deny certain federal funding to cities and jurisdictions that “willfully refuse” to comply with federal immigration laws, but a federal judge blocked the order.

The current brief states, “Sanctuary jurisdictions can cause harm to neighboring States by making it easier for people who are not lawfully in this country and have committed civil or criminal offenses to evade law enforcement and travel out-of-state.”

The brief also counters the argument that denying federal funds for failing to voluntarily cooperate in immigration law enforcement is unconstitutional by pointing out the case of South Dakota v. Dole. In that case the Supreme Court held that it is constitutional for Congress to withhold federal funds from states that failed to raise the legal drinking age to 21.

The brief also notes this issue is not just an executive order by the president but is merely an instruction to enforce the law as passed by Congress.

“The Tenth Amendment prohibits the federal government from commandeering States by forcing them to administer a federal regulatory regime or conscripting state officers to do the same,” the brief explains. “But that is not what Congress did. Rather, the Order provides States with voluntary inducements to comply with federal law. And for its part, the Act simply displaces or preempts state laws that prohibit localities or local law enforcement officials from voluntarily communicating with federal officials, with a goal to further the comprehensive federal immigration regime. Congress thus acted within its enumerated powers and under the Supremacy Clause to preempt state laws that stand as obstacles to the creation of this uniform policy.”

Laxalt notes that all 17 currently elected county sheriffs have consistently opposed sanctuary-city policies. “Today, in the vast majority of cases, an individual must be arrested for committing a crime and booked into a jail or detention facility before Nevada law enforcement agencies check whether the individual is sought by federal immigration authorities and, if so, alert those federal authorities. Sanctuary-city policies that prohibit this communication allow violent offenders to be released back into the community,” his press release states.

We appreciate the attorney general sticking up for the rule of law and the safety of Nevadans.

A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.

Lisa Benson cartoon

Newspaper column: Bundy case secrecy being rightfully challenged

Bundy family exit court. (R-J pix)

Though the most recent trial of four defendants in the April 2014 standoff between armed protesters and Bureau of Land Management agents trying to confiscate Cliven Bundy’s cattle ended in a mistrial, the case will stand as an historic example of how sweeping secrecy can cast doubt on whether justice is being served.

This past week U.S. District Judge Gloria Navarro halted testimony in the trial and sent the jurors home while she heard arguments behind closed doors over whether the prosecution had failed to provide the defense with potentially exculpatory evidence quickly enough. The judge said the prosecution’s repeated failure to timely disclose information was “sufficient to undermine the confidence in the outcome of the trial,” which she said could result in a mistrial. This week she declared a mistrial.

Attorney Maggie McLetchie — representing the Las Vegas Review-Journal newspaper and Battle Born Media, which publishes weekly newspapers in Mesquite, Ely, Eureka, Sparks and Lincoln and Mineral counties — promptly filed a motion seeking to intervene, which was granted. The newspapers are asking that all documents previously filed under seal be unsealed and that future hearings be conducted in open court.

In July 2016, despite objections from the newspapers, the judge granted the government’s request for a protective order that required nearly every piece of paper to be filed under seal due to some vague suspicions that witnesses and law enforcement officers might be subjected to threats or intimidation.

Though the case involves the April 2014 effort by the BLM to impound 500 head of Bundy’s cattle for failure to pay $1 million in grazing fees over two decades for his Bunkerville ranch, arrests of the original 19 defendants were not made until early 2016. Most remained jailed until recently on charges that include conspiracy, extortion, carrying a firearm during a crime of violence, threatening an officer and obstruction of justice.

The BLM released the cattle rather than risk a shootout.

The complex case, which includes an estimated 1.4 terabytes of electronic evidence, was broken into three trials. The first ended in a mistrial. At retrial two were acquitted and two pleaded to misdemeanors and were released on time served.

The just ended trial was the second and a third is scheduled for 30 days after this one ends, whenever that might be.

In arguing as to why the veil of secrecy should be lifted, McLetchie states that one of the most critical aspects of news reporting is to inform the public as to whether justice is being carried out, quoting a classic Supreme Court aphorism: “In short, justice must not only be done, it must be seen to be done.”

McLetchie goes on to say, “This shroud of secrecy is anathema to the presumption under the First Amendment and the common law that all documents filed with a court are presumptively public documents open for review and inspection. Moreover, closing hearings and filing documents under seal has prevented Intervenors from carrying out their constitutionally protected function of reporting the news. This is troublesome given the importance of this case, and the public’s right to know about the government’s handling of its investigation and prosecution …”

One of the documents apparently filed under seal — meaning the defendants can’t even discuss it — is an 18-page Nov. 27 memo from a BLM investigator to a Justice Department attorney alleging “a widespread pattern of bad judgment, lack of discipline, incredible bias, unprofessionalism and misconduct, as well as likely policy, ethical, and legal violations” by BLM staffers involved in the Bundy case.

The memo was leaked to numerous newspapers. It is a rambling, often redundant, typo-filled diatribe against the agent’s supervisors and prosecutors.

The agent said he was dismissed from reviewing the Bundy case in February and his files confiscated. “Futhermore,” he wrote, “when I did report the misconduct, ethical, professional, and legal issues, I also became a victim of whistleblower retaliation.” He wrote that he “feels” the prosecutor’s judgment is “likely clouded by extreme personal and religious bias and a desire to win the case at all costs. I feel he is likely willing to ignore and fail to report exculpatory material, extreme bias and act unethically and possibly deceptively to win.”

Though it may well be a self-serving effort on the part of a BLM staff member scorned, this is the very thing the public should be allowed to evaluate.

McLetchie notes the tradition of openness “serves as a check on the judiciary because the public can ensure that judges are not merely serving as a rubber stamp” for law enforcement.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Editorial: It is time for Rep. Kihuen to step down

For the sake of the citizens of the 4th Congressional District of Nevada, it is time for Ruben Kihuen to resign.

As if the allegations of sexual harassment of a staffer during the 2016 campaign weren’t bad enough, Kihuen has turned himself into a pariah in the already minority Democratic Party by basically calling his party leaders liars. His effectiveness for his constituents is now nil.

According to a report by BuzzFeed, a female Kihuen campaign staffer quit in April 2016 after the candidate started propositioning her for dates and sex despite her repeated rejections, and he twice touched her thighs without her consent.

Rep. Ruben Kihuen speaks to reporters in November 2016, while backer Harry Reid looks on. (AP file pix)

The woman said the propositions became more frequent and more aggressive and Kihuen asked her if she had ever “cheated on her boyfriend.” She said the candidate offered to get them a hotel room together while campaigning. She was quoted as saying, “I said ‘no’ very firmly and he just laughed at me. It was humiliating.”

Though he says he does not recall the described events, Kihuen was quoted as saying, “The staff member in question was a valued member of my team. I sincerely apologize for anything that I may have said or done that made her feel uncomfortable.”

Fellow Nevada Democratic Reps. Dina Titus and Jacky Rosen severely upbraided the 37-year-old, unmarried Kihuen.

“Many believed Ruben had great potential, but unfortunately his personal behavior has jeopardized his political career,” Titus said in a statement. “This culture of sexual harassment must end. Zero tolerance means zero tolerance. Ruben needs to step up and do what’s right for the people of Nevada.”

Rosen said in a statement, “The culture where this behavior is brushed aside has gone on for too long, and I believe Congressman Kihuen should step aside.”

While stopping short of calling for his resignation, Nevada Democratic Sen. Catherine Cortez Masto issued a statement saying all such allegations should be quickly and fully investigated.

Nevada Republic Sen. Dean Heller also called on Kihuen to resign.

House Democratic leader Nancy Pelosi and Democratic Congressional Campaign Committee Chair Ben Ray Lujan, a New Mexico congressman, both called on Kihuen to step down.

“In Congress, no one should face sexual harassment in order to work in an office or in a campaign,” Pelosi said in a statement. “The young woman’s documented account is convincing, and I commend her for the courage it took to come forward. In light of these upsetting allegations, Congressman Kihuen should resign.”

Lujan said in a statement, “Members and candidates must be held to the highest standard. If anyone is guilty of sexual harassment or sexual assault, they should not hold elected office. Congressman Kihuen should resign.”

But first-term Rep. Kihuen, a former aide to Sen. Harry Reid who has largely held political patronage jobs, threw mud on the leadership, saying, “I do find it interesting that the DCCC, Leader [Nancy] Pelosi and Chairman Ben Ray Lujan — they knew about these allegations last year. They looked into them. They didn’t find anything, and they continued investing millions of dollars in my campaign. They went out there and campaigned for me.”

Spokesmen for Pelosi and Lujan immediately denied the claim.

“Sadly, this is not the case. Leader Pelosi first learned of these allegations from BuzzFeed last week,” her spokesman said.

“Congressman Kihuen’s statement is not true,” said the communications director for the DCCC. “We were presented with these disturbing facts for the first time last week, and the chair immediately called for his resignation.”

The chances of Kihuen being able to accomplish anything in Congress for those he represents are now dashed.

As accused sexual harassers Rep. John Conyers and Sen. Al Franken have promised to do, Kihuen should resign and let the governor call a special election to replace him as quickly as feasible.

The party primary elections for the next term in Congress are scheduled for June and the voters will have the final say in November. CD4 includes northern Clark County, southern Lyon County, and all of Esmeralda, Lincoln, Mineral, Nye and White Pine counties.

The voters of Southern Nevada would be better served by a vacant office than by the unrepentant and self-absorbed Kihuen.

A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.

Editorial: Good riddance to Clean Power Plan

President Trump’s Environmental Protection Agency has pulled the plug on the Obama-era Clean Power Plan, which called for power plants in every state to reduced carbon dioxide emissions by 32 percent below 2005 levels by 2030 — a not so thinly veiled plan to destroy the coal industry.

It was a senseless and futile gesture that would have cost Americans dearly while doing nearly nothing to protect the planet from global warming.

The U.S. Supreme Court had already blocked enforcement of the plan after 29 states filed suit saying the plan violated the law and the concept of federalism. Nevada filed an amicus brief with the court agreeing with those claims.

According to a Heritage Foundation report, Obama’s plan by 2030 would have cost an annual average employment shortfall of nearly 300,000 jobs with a peak employment shortfall of more than 1 million jobs. It also would have created a loss of more than $2.5 trillion (inflation-adjusted) in aggregate gross domestic product (GDP) and reduced total income per capita by more than $7,000 (inflation-adjusted).

According to the American Coalition for Clean Coal Electricity, the EPA proposal would increase the price of electricity in Nevada an average of 18 percent between 2020 and 2029.

Nevada’s friend-of-the-court brief noted, “EPA’s expensive economic experiment, imposed by fiat, will increase electricity prices for consumers and may well compromise the reliability of electric power service. The best estimates of how much prices will rise, performed by the NERA (National Economic Research Associates) economic consulting group, projects increases of as much as 14 percent per year costing Americans as much as $79 billion in present dollars.”

Although Obama’s EPA administrator Gina McCarthy insisted those costs were well worth it in order to save the planet, Obama’s own former Assistant Secretary of Energy Charles McConnell said at a congressional hearing in 2016, “The Clean Power Plan has been falsely sold as impactful environmental regulation when it is really an attempt by our primary federal environmental regulator to take over state and federal regulation of energy.”

McConnell told the House Committee on Science, Space and Technology that he estimated the plan would only reduce global carbon dioxide emissions by 0.2 percent, and the rule would only reduce projected warming by 1/100th a degree Celsius and reduce projected sea level rise by 1/100 of an inch.

“We can now assess whether further regulatory action is warranted, and, if so, what is the most appropriate path forward, consistent with the Clean Air Act and principles of cooperative federalism,” said EPA administrator Scott Pruitt in announcing the rescinding of the Clean Power Plan. The previous rule, he added, “ignored states’ concerns and eroded long-standing and important partnerships that are a necessary part of achieving positive environmental outcomes.”

The change will not affect Nevada as much as other states since the state’s lawmakers, at the behest of former Sen. Harry Reid, have already dictated that all coal-fired plants in the state be shuttered prematurely and the ratepayers pick up the tab. The move is expected to destroy 2,630 jobs by 2020 and cut real disposable income by $226 million per year, according to one study.

The EPA rule change should be a boon to the national economy for years to come, and is a welcome breath of regulatory fresh air, so the speak.

A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.

Newspaper column: Gun law backers too wily for their own good

The backers of a 2016 ballot initiative to create a state law requiring criminal background checks for all private party gun sales — something not required by federal law — are asking the courts to fix a fatal flaw that they themselves created.

Failure to comply with the Background Check Act requirement would carry a penalty of up to a year in jail and a $2,000 fine — if it were enforceable.

The measure, Question 1 on the November ballot, passed with a mere 50.45 percent of the vote, failing in every county except Clark.

The initiative backers — in order to avoid having a fiscal note saying what the mandatory background checks would cost taxpayers, something that might cost votes — wrote the new law to say that those in involved in a private gun sale must contact a licensed gun dealer to conduct a background check and: “The licensed dealer must contact the National Instant Criminal Background Check System [NICS], as described in 18 U.S.C. § 922(t), and not the Central Repository, to determine whether the buyer or transferee is eligible to purchase and possess firearms under state and federal law …”

The Central Repository is handled by the Nevada Department of Public Safety and uses NICS data as well as state and local data to run background checks required by federal law and those sought voluntarily by private gun sellers.

After the initiative passed the FBI was twice asked if would conduct the private sale background checks for the state, but refused, saying state law “cannot dictate how federal resources are applied.”

Attorney General Adam Laxalt’s office issued an opinion saying the law is unenforceable since the state could not force the federal government to perform the background checks and the law specifically prohibits the state from doing so.

The lawsuit filed earlier this month on behalf of three individuals names Gov. Brian Sandoval and Laxalt as defendants. The suit asks the court to force Sandoval to enforce the background check law or, in the alternative, to sever any portion of the law that is invalid or unenforceable. In other words, rewrite the law that the voters so narrowly approved.

Like most laws the Background Check Act contains a severability clause that states if any portion of the law is found invalid or unconstitutional that should not affect the law as a whole because that part could be excised. But the section that the suit seeks to remove was placed there specifically to avoid incurring cost to the taxpaying voters. Without that section the election outcome might well have been different.

On the day the suit was filed Laxalt sent an opinion to the governor telling him that he has the authority to again ask the FBI to conduct private sale backgrounds, but that the request would be “unique and unprecedented” and might jeopardize the state’s current status in which it conducts all federally required and voluntary private sale background checks.

In the December opinion declaring the Background Check Act unenforceable, Bureau Chief Gregory Zunino pointed out that the state-run background checks are in fact superior to those run through just the federal database.

“Because background checks run through Nevada as the Point of Contact incorporate data from both NICS and Nevada’s own state records, the process as currently administered by the Department ensures that persons legally barred from firearms possession do not circumvent the bar simply because the FBI may lack records that Nevada possesses, like mental-health records, records of domestic violence, misdemeanor criminal records, arrest reports, and restraining orders,” Zunino noted. “By having Nevada serve as the Point of Contract, a wide net is cast. The FBI recently suggested, for instance, that the lack of Point of Contact program in South Carolina played a role in Dylan Roof acquiring a gun before murdering nine congregants at a church in Charleston, South Carolina.”

It should be noted that the gunman who fired into a country music concert from the 32-second floor of the Mandalay Bay killing 58 and injuring about 500, obtained his dozens of weapons legally, passing all required background checks in Nevada and several other states.

The initiative was a futile gesture at best, but the backers outsmarted themselves by trying to hide its true cost from the voters.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.

Newspaper column: Jobs and wildlife can coexist

In 2015 the U.S. Fish and Wildlife Service determined that years of science-based protections by federal and state land use plans had substantially reduced risks to more than 90 percent of the greater sage grouse’s breeding habitats across its 173 million-acre range.

Thus, its extinction no longer imminent, the breed was removed as a candidate for listing under the Endangered Species Act.

Despite this finding the Obama administration unilaterally instituted draconian land use restrictions across 10 Western states intended to prevent any presence of the non-native, invasive species known as mankind.

But the Interior Department under Montanan Ryan Zinke is displaying an uncommon outbreak of common sense.

Just this past week the Bureau of Land Management canceled Obama’s prohibition of mining on 10 million acres of federal lands across six Western states, including Nevada. The BLM also announced plans to invite public comments on reworking land use plans that a Nevada federal judge had determined were illegal.

Greater sage grouse (BLM pix)

In a press release the BLM reported the withdrawal of 10 million acres was unreasonable, because mining affected less than 0.1 percent of sage grouse range.

“The proposal to withdraw 10 million acres to prevent 10,000 from potential mineral development was a complete overreach,” said acting BLM Director Mike Nedd. “Secretary Zinke has said from the beginning that by working closely with the states, who are on the front lines and a valued partner in protecting the health of these lands, we can be successful in conserving greater sage grouse habitat without stifling economic development and job growth. And that’s what we intend to do — protect important habitat while also being a good neighbor to states and local communities.”

The 10 million acres had been off-limits to mining for two years, but that restriction expired Sept. 24.

Gov. Brian Sandoval issued a statement saying, “I support Secretary Zinke’s action to cancel this withdrawal and terminate the environmental analysis associated with it. Mining has not been identified as a widespread significant threat to the sage-grouse and I appreciate the Department of Interior recognizing the overreach of this action, which had such significant economic impact on our state mining and exploration industries.”

Nevada Attorney General Adam Laxalt said of the BLM’s decision, “I am gratified that the BLM has accepted our basic argument, which is that we can balance conservation of the sage grouse without injuring the economic lifeblood of Nevada’s local communities. In our suit, we consistently urged that the BLM failed to properly take into account Governor Sandoval’s well-supported and convincing comments about the many shortcomings of the 2015 plan.”

On March 31 in a suit brought by the state of Nevada, nine counties, several mining companies and a ranch, Nevada federal Judge Miranda Du ruled Interior land agencies erred in preparing environmental impact statements for 2.8 million acres of land primarily in Eureka and Humboldt counties and must prepare a supplemental statement.

BLM’s Nedd said of the decision to rework the environmental impact statement, “The BLM is committed to being a good neighbor and cooperating with its partners at all levels of government, including states, as well as tribal leaders, industry and conservation groups, ranchers, and other stakeholders throughout the amendment process. During this process, we are particularly interested in hearing from the many governors whose states put hard work and time into collaborative efforts to develop the existing plans. We welcome their input.”

Sandoval has complained in the past about Nevada’s input on sage grouse protection being ignored.

Nevada Mining Association President Dana Bennett was quoted as saying of the BLM change of direction, “A wholesale land withdrawal that encompassed 20 times more land than all mining activity combined did little to address the risk of fire and invasive species that threaten the species and its habitat.”

Of course the usual environmentalist reaction was one of doom and gloom. “This move shows Zinke’s total contempt for imperiled species and the places they need to live,” said Randi Spivak, public lands director at the Center for Biological Diversity. “Zinke might as well form a shotgun posse to kill off these animals directly. The Trump administration is perfectly willing to wipe out sage grouse, and a host of other species, to reward its industry friends.”

Interior’s own draft environmental impact statement estimated its grouse restrictions in Nevada alone would reduce employment by 739 jobs every year for the next 20 years.

Jobs and wildlife can coexist when just a little common sense is applied.

A version of this column appeared this week in many of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel and the Lincoln County Record — and the Elko Daily Free Press.