Range Wars Over the Lands of the American  West
Written by James Heiser 
Friday, 30 October 2009
To state an obvious fact that will probably soon be illegal to  acknowledge, there has long been a strong link between culture and region.  Despite the best efforts of the cultural homogenizers — who want everyone to be  reliable consumers who will eat, watch, wear and think the same thing, in  the same way — even in these latter days of these United States, bland shopping  malls and blander television-induced ‘popular culture’ haven’t managed to  utterly destroy the glorious differences which have shaped this nation.  
The history of our regional cultures is a complicated interplay of  immigration history, religion, economics, and many other ‘human factors,’ but it  is also fundamentally shaped by the land itself. For all of the pretensions  about man ‘conquering’ nature, more often than not what really happens is that  men learn the parameters of life in a particular region and either assent to  that reality, or move, or die. 
The bland life of the consumer is lived in rebellion against this  fundamental aspect of life: shuttling between climate-controlled homes and  offices, locked in cars listening to the same slush of premasticated pseudo-news  and pseudo-music pumped into their vehicles as they drive by ‘big box’ stores  and chain restaurants, the consumers may pretend that a region’s landscape and  history is kind of like choosing a decorating theme for your house. But push  them out of their artificial micro-environments and turn off the ‘grid’ for a  few days and there could be a hope they might actually wake up to the reality  which surrounds them. 
For those of us who had the privilege of growing up and living  most of our formative years west of the hundredth meridian, a realization forms  pretty early in life that a lot of folks out East fundamentally will  never understand the West — and we’re fine with that. Oh, on occasion the  West will win a ‘convert’ from the East (Paleoconservative author Chilton Williamson comes to mind, for example), but such individuals really are the  exception that proves the rule. Ignoring, for the moment, the further divisions  within the broader region (differences with the West are also very real, and  rooted in the same realities as the larger divisions), you understand that  Easterners will view your land as something in between a theme park and game  preserve, which has somehow become infested by undesirables. The federal  obsession with locking up so much land out West arises from this sort of  mentality; they view the West as essentially a really big Central Park — a nice  place to visit, perhaps, but someplace that needs to be protected from the folks  who would have the audacity to live there. 
An experience I’ve enjoyed on several occasions is showing an  Easterner the ‘pristine’ forests of the Olympic Peninsula in Washington — you  can really get them going with pictures of ‘virgin forests’: “Surely this land  must never be despoiled by man!” And then you show them the picture of  the sign which identifies when that land was last clearcut. It is a case in  point of the theme: “Yes, we know it’s beautiful; we live here. We’re even more  interested in taking care of it than you are.” 
In a recent column, Patrick Dorinson, the “Cowboy Libertarian” offers another example of this phenomena of outside interference  in the life of the West. In “Why the Range War in the West Matters,” Dorinson explains that there is an effort underway to litigate  significant elements of the Western way of life right out of existence.  
Last July I wrote a piece here on the FOX Forum called “Range War  in the West” in which I described how one outlaw environmental group, the  Western Watersheds Project was trying to run ranchers and sheepherders off the  public lands that belong to all of us and that the ranchers have used under  permit and strict federal guidelines for 75 years.
And their weapon of choice? The lawsuit. They are using the  Federal courts and a law meant to protect small businesses, farmers and ranchers  from an overbearing and overreaching Federal government to put some of your  fellow citizens out of business. Let me explain. Almost 30 years ago, with the  best of intentions Congress passed the Equal Access to Justice Act (EAJA).  Simply stated EAJA said that if the government had done wrong against small  businesses, including farms and ranches, and they challenged the government in  federal court, they would not have to go bankrupt awash in legal fees from  protecting their rights. Call it a leveling of the playing field. If they were  victorious in court, the government would have to pay their legal fees. Sounds  fair right?
But as with all good intentions, there are some radical  environmentalists who have figured out a way to use EAJA against those same  small businesses in order to further their radical environmental goals. And even  though they aren’t being sued directly the ranchers must hire lawyers to give  them a seat at the table. Kind of like paying to watch your own  hangin’.
In the last 10 years in one Federal District Court in Boise,  Idaho, Western Watersheds Project has received $1,150,528.00 of your tax dollars  for their jihad against the ranchers and sheep men. They have a found judge in  that particular court that has been particularly accommodating to them and who  seems to have his thumb on the scales of justice in their favor.
And that is just one organization. It is estimated that in that  same time frame billions of taxpayer dollars have been spent settling these  ridiculous legal claims. Here’s how it works. WWP sues the government  challenging the rancher’s public land use permits on trumped up charges over  water use or endangered species that aren’t really endangered, in the hope of  having the permit rescinded. They tie up the ranchers in court and financially  bleed them. They don’t have to win the case to be given your taxpayer money. The  government which is a font of useless legal mumbo jumbo says they only have to  “prevail” in the case. And guess who makes the decision whether they “prevail”  or not? The Federal government!
With fundamental conflicts on so many fronts going on right now,  it is easy for a struggle such as this “Range War” to be neglected. But we need  to understand that it is simply one more front in the larger cultural struggle.  In a wide range of areas of attack — from environmental extremism, to efforts to  collectivize health care and various other industries, to the culturally  destructive politics of the open-borders fanatics, and a wide variety of  assaults on our civil liberties, the list goes on and on. Simply put, no small  number of our own people have been taught to fear — even hate — the American way  of life, with all of its richness and variation. They are far more content to  live in cages fashioned according to the schemes of their leaders than they are  to live as free men. For the rest of us, we may respect your choice for  yourself, but don’t try to impose it on the rest of us.
Rt. Rev. James  Heiser has  served as Pastor of Salem Lutheran Church in Malone, Texas, while maintaining  his responsibilities as publisher of Repristination Press, which he established  in 1993 to publish academic and popular theological books to serve the Lutheran  Church.  Heiser has also served since 2005 as the Dean of Missions for The  Augustana Ministerium and in 2006 was called to serve as Bishop of the  Evangelical Lutheran Diocese of North America (ELDoNA). An advocate of manned  space exploration, Heiser serves on the Steering Committee of the Mars Society.  His publications include two books; The Office of the Ministry in N. Hunnius’  Epitome Credendorum (1996) and A Shining City on a Higher Hill:  Christianity and the Next New World (2006), as well as dozens of journal  articles and book reviews.
 Veritas Vos  Liberabit

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