ex. d john steele

8/11/2019 Ex. D John Steele

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IN THE UNITED STATES DISTRICT COURT - DISTRICT OF UTAH

CENTRAL DIVISION

WESTERN RANGELAND )

CONSERVATION ASSOCIATION, et al. )

)

Plaintiffs, )

) No. 2:14-cv-00327-PMW

v. )

) Judge Paul M. Warner

SALLY JEWELL in her official capacity as )

Secretary, UNITED STATES DEPARTMENT )

of the INTERIOR, et al. )

)

Defendants ))

EXHIBIT D

TO MOTION TO INTERVENE BY AMERICAN WILD HORSE PRESERVATION

CAMPAIGN, THE CLOUD FOUNDATION, RETURN TO FREEDOM,

JOHN STEELE, AND LISA FRIDAY

Case 2:14-cv-00327-PMW Document 15-5 Filed 06/17/14 Page 1 of 17


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IN THE UNITED STATES DISTRICT COURT - DISTRICT OF UTAH

CENTRAL DIVISION

WESTERN RANGELAND )

CONSERVATION ASSOCIATION, et al. )

)

Plaintiffs, )

) No. 2:14-cv-00327-PMW

v. )

) Judge Paul M. Warner

SALLY JEWELL in her official capacity as )

Secretary, UNITED STATES DEPARTMENT )

of the INTERIOR, et al. )

)

Defendants. )

DECLARATION OF JOHN STEELE

I, John Steele, hereby declare as follows:

1. I have lived in Salt Lake City, Utah for the past thirty-one years. I am a photographer,

and much of my work focuses on wild horses. My creative endeavors and economic livelihood

depend on the presence of wild horses on the range throughout the state of Utah. I seek to

intervene in this case on behalf of the Defendants.

2. I own a photography business and have traveled across North America and Asia,

photographing people, wildlife, and the places they inhabit. I have been photographing wild

horses in Utah for the past fifteen years. In 2009, I began working on Utahs Desert Horses, an

ongoing photographic exploration of Utahs wild horse population that examines the horses

complex group dynamics in their breathtaking natural environment.

3. My photography, including my photographs of Utahs wild horses, has been featured in

several art exhibits and won many awards, including a Special Committee Choice Award at the

2013 Traces of the West Exhibit at the Eccles Art Center in Ogden, Utah for my photograph



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2

titled Stallions Waltz. SeeAttach. 1. As a result of my wild horse photographs being featured

in art exhibits and winning awards, I have sold several of my photographs. Through my

photography exhibitions, I hope to inspire respect for wild horses.

4. My photography depends on the presence of wild horses throughout Utah. I spend an

extensive amount of time observing wild horses throughout Utah in their natural environment. I

regularly visit Herd Management Areas in Utah, including the Swasey Herd Management Area,

as well as other public lands in the state, usually two or three times each week, to view and

photograph wild horses. I use my photography as a tool for bringing awareness to what is

happening with our countrys wild horses in order to protect them. The ancestors of the wild

horses currently on the range in the West served our countrys military on numerous occasions

they deserve to be treated with care by those who are charged with protecting them.

5. In addition to my photography, I derive tremendous aesthetic enjoyment from viewing

wild horses in their natural environment, free from human interference. I often bring my wife

with me on these visits to wild horse herds, and I enjoy sharing with her the experience of

watching these national treasures run free on the stunning desert landscape.

6. My artistic career, economic livelihood, and conservation interests depend on observing

and photographing the wild horses of Utah.

7. The Western Rangeland Conservation Association (WRLCA), the named partnership

and corporation grazing permittees, and the named individual Plaintiffs seek relief from this

Court that would harm my professional and personal interests in the wild horses in Utah. In

addition, such court action would impair my aesthetic enjoyment of viewing wild horses on the

range in Utah.



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8. For example, Plaintiffs are requesting that this Court require the BLM to (1) conduct

immediate round-ups of wild horses in excess of Appropriate Management Levels in one Herd

Area and several Herd Management Areas in Utah; and (2) conduct immediate round-ups of wild

horses in excess of Appropriate Management Levels on public lands managed by the BLM and

school section lands managed by the Utah School and Institutional Trust Lands Administration

(SITLA). Such actions would decimate wild horse herds across the state, radically changing, if

not entirely destroying, my experience of observing and photographing wild horses on the range

in Utah. My photographic and personal aesthetic interests will be impaired if large numbers of

wild horses are removed from the Herd Area, Herd Management Areas, and state and federal

public lands in Utah.

9. I wish to intervene in this case because I do not believe that the existing parties

adequately represent my interests. WRLCA is an organization in Utah formed by ranchers, local

governments, and local businesses that largely represents the interests of Utahs agricultural

sector and their wish to compel the Defendants to removelarge numbers of wild horses from the

range in Utah. The Plaintiffs represent interests that are directly adverse to my interests because

my livelihood depends on thepresenceof wild horses on the range in Utah, and my professional

and personal aesthetic interests would be preserved by protecting the wild horses in Utah, not by

removing them from the range, as advocated by the Plaintiffs.

10. The Defendants are also not likely to represent my personal interests in this case. BLM is

charged with balancing the interests of private livestock grazing and wild horses on public lands.

In my opinion, the agencys decisions often result in wild horses getting the short end of the

stick. For example, in another lawsuit brought by an organization representing agricultural

interestsi.e., those more interested in placating livestock owners than in protecting the wild



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horses that I wish to preserveseeking removal of large numbers of wild horses from the range

in Wyoming, the BLM entered into a consent decree for many of the remedies sought in the

complaint. See Consent Decree, Wyoming v. U.S. Dept of the Interior, Civ. Action No. 2:03-cv-

169D (D. Wyo. Aug. 14, 2003) (Attach. 2).

11. The BLM needs to implement a wild horse management program that is biologically

sound and scientifically reviewed based on the updated wild horse genetic information that is

now available. Establishing a collaborative process in which various interests, including

government agency officials, wild horse advocates, grazing interests, and the general public can

provide input and work together to find methods to humanely maintain genetically viable herds

would be tremendously beneficial, not only to these various interests, but also to the wild horses

themselves.

Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing is true and

correct.

/s/John Steele*_______________________(* I certify that I have the signed original of this document which

is available for inspection during normal business hours by theCourt or a party to this action.)

John Steele

Date: June 16, 2014



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ATTACHMENT 1



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ATTACHMENT 2



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Case 2:03-cv-00169-WFD Document 2 Filed 08/14/03 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF WYOMING

r U

i

C

r i, l . I I p[

0 ; .1 1

.. ,

l

,

2: 43

STATE OF WYOMING,

Plaintiff,

v

UNITED STATES DEPARTMENT OF THE

INTERIOR; and BUREAU

OF LAND MANAGEMENT,

Defendants.

,1 -

. . .

\_ 1_ i i \

US 0:; i I CT COURT

3CV 1691

) Civil Action No. _

CONSENT DECREE

WHEREAS, Plaintiff State ofWyoming filed the complaint in this action on August 14,2003,

against Defendants the United States Department of the Interior and the Bureau of Land Management

(collectively referred to as Defendants );

WHEREAS, Plaintiffalleges that the Defendants have failed to comply with Section 3(b)(2)

of

the Wild Free-Roaming Horses and Burros Act, 6

U.S.c.

1333(b)(2);

WHEREAS, Section 3(b)(2)

of

the Wild Free-Roaming Horses and Burros Act, 6 U.S.c.

1333(b)(2), provides, inter alia, that,

if

the Secretary of the Interior ( Secretary ) detemlines that an

overpopulation

of

wild horses exists on a given area

of

public lands and that action

is

necessary to remove

excess animals, she shall immediately remove excess wild horses from the range so as to achieve the

appropriate management level ( AML ) for the given area

ofland

to restorc a thriving natural ccological

balance to the range, and to protcct the range from the deterioration associated with overpopulation;



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WHEREAS, Section 3 b) 2) of the Wild Free-Roaming Horses and Burros Act,

U.S.C.

1333 b) 2), provides for the removal ofwild horses where the Secretary determines that an overpopulation

exists on a given area of public lands and that action

is

necessary to remove excess animals;

WHEREAS, the Secretary administers the Wild Free-Roaming Horses and Burros Act in Wyoming

through the Bureau ofLand Management; the Director of the Bureau ofLand Management Director of

the BLM ) administers the Wild Free-Roaming Horses and Burros Act throughout the United States on

behalf of the Secretary;

WHEREAS, Plaintiff alleges the following three 3) causes of action in its complaint:

I Injunctive ReliefPursuant to Section 706 1) of the federal Administrative Procedure

Act -- Plaintiff alleges that the Defendants have unlawfully withheld and unreasonably

delayed agency action by failing to remove excess wild horses in Wyoming as required

by

Section 3 b) 2) of the Wild Free-Roaming Horses and Burros Act,

U.S.c.

1333 b) 2),

thereby requiring the Court to issue a mandatory injunction compelling the Defendants

to

remove all excess wild horses from the public lands

in

Wyoming;

2) Mandamus-- Plaintiff alleges that the Defendants have unlawfully failed to discharge

a statutory duty by failing to remove excess wild horses in Wyoming as required by

U.S.C. 1333 b) 2), thereby requiring the Court to issue a writ ofmandamus compelling the

Defendants to remove all excess wild horses from the public lands

in

Wyoming; and

3) Declaratory Judgment--Plaintiffalleges that the Defendants have unlawfully failed

to

discharge a statutory duty by failing to remove excess wild horses in Wyoming as required

by U.S.C. 1333 b) 2), thereby requiring the Court

to

declare that the Defendants have

violated

U.S.C. 1333 b) 2) by not maintaining the wild horses populations in Wyoming

at the established AMLs, and to issue an order compelling the Defendants to remove all

excess wild horses from the public lands in Wyoming;

WHEREAS, the State of Wyoming asserts that the estimated current wild horse population

in

Wyoming

is

7000 horses, more than double the total wild horsepopulation limit for Wyoming as established

by the Bureau of

Land Management;

WHEREAS, the State ofWyoming, the United States Department of the Interior and the Bureau

ofLand Management collectively referred to as the Parties ) agree that the Bureau ofLand Management

has established an AML for each of the sixteen 16) herd management areas HMAs ) in Wyoming;

2



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WHEREAS, the Parties agree that the AML for each

o

the sixteen 16) HMAs in Wyoming are

on

the date

o

this Consent Decree

as

follows:

Adobe Town

Antelope Hills

Conant Creek

Crooks Mountain

Dishpan Butte

Fifteenmile Herd

Great Divide Basin

Green Mountain

Little Colorado

Lost Creek

McCullough Peaks

Muskrat Basin

Rock Creek

Salt Wells

Stewart Creek

White Mountain

610-800 wild horses

60-82 wild horses

60-100 wild horses

65-85 wild horses

50- 100 wild horses

70-160 wild horses

415-600 wild horses

170-300 wild horses

69-100 wild horses

60-82 wild horses

70-140 wild horses

160-250 wild horses

50-86 wild horses

251-365 wild horses

125-175 wild horses

205-300 wild horses

WHEREAS, the Parties agree that AML applies only to HMAs and accordingly that the AML

in

a

non-herd management area is zero 0);

WHEREAS,Wyomingasserts that the estimated current wild horse population

in

each

o th

sixteen

6) HMAs

in

Wyoming exceeds the AML established by the Bureau

o

Land Management for each such

HMA;

WHEREAS, the State

o

Wyoming asserts that wild horses are living

in

areas outside

o

the sixteen

established 16) HMAs, including, but not limited to, the North Baxter/Jack Morrow Hills area, the area

south ofInterstate 80, and the Laramie Peak area;

WHEREAS, the Parties estimate that the wild horse population

in

Wyoming presently increases

through reproduction at a rate

o

approximately eighteen 18 ) to twenty percent 20 ) per year;

WHEREAS, the State o Wyoming asserts that the overpopulation o wild horses

in

Wyoming has

caused a decrease

in

the amount o habitat available for wildlife, has resulted

in

a decrease

in

the amount

o forage available for wildlife and for domestic livestock, and has caused damage to lands owned by the

State

o

Wyoming. The continuingoverpopulation

o

wildhorses

in

Wyoming threatens to displacewildlife,

to cause additional damage to lands owned by the State o Wyoming, and to diminish the value o state

owned lands and the value o grazing leases for such lands. The continuing overpopulation o wild horses

also threatens the long term viability

o

wildlife and the wild horse herds

in

Wyoming;

WHEREAS, the Parties agree that this Court has jurisdiction over this action pursuant to

8

U.S.c.

33 federal question),

8

U.S.C.

2201-2202 declaratory judgments), and 5 U.S.C.

702-706 APA

right

o

review);

3



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WHEREAS, it is in the interest ofthe public, the Parties, andjudicial economy to resolve the claims

in this action without expensive and protracted litigation;

WHEREAS, the Parties have agreed to a settlement

of

this action without any admission or

adjudication of fact or law;

WHEREAS, the Parties agree that this settlement represents a good faith compromise

of

disputed

claims;

NOWTHEREFORE, upon consent of the Parties, the Parties hereby ask this Court to enter an order

providing that:

PARTIES

The Parties to this Consent Decree are Plaintiff, the State ofWyoming, and Defendants,

the United States Department

of

the Interior, and the Bureau

of

Land Management Defendants are

referred to hereinafter collectively as BLM unless otherwise specified).

TERMS OF AGREEMENT

2 No later than December 15,2003, the BLM shall reduce the number ofwild horses to AML

in the following eight 8) HMAs: Adobe Town, Great Divide Basin, Salt Wells, White Mountain, Green

Mountain, Crooks Mountain, Stewart Creek, and Little Colorado. The BLM also shall remove all wild

horses from the Jack Morrow Hills/North Baxter area and the area south

of

Interstate 80 no later than

December IS, 2003.

3. No later than December 15,2004, the BLM shall reduce the number

of

wild horses to AML

in the following eight 8) HMAs: Conant Creek, Lost Creek,Dishpan Butte, AntelopeHills, Muskrat Basin,

Rock Creek, Fifteenmile Herd, and McCullough Peaks. The BLM will use its best efforts to also remove

all wild horses that may have strayed outside of the sixteen \6 established HMAs no later than December

15

2004. BLM will also use its best efforts for the gathers scheduled

in

2004, and for future planned

gathers during the term

of

this Consent Decree, to remove sufficient wild horses to meet the lower end of

the AML that is currently set for each HMA. Notwithstanding the preceding sentence, nothing

in

the

Consent Decree shall be construed to limit or modify the discretion accorded to the BLM by the Wild Free

Roaming Horses and Burros Act as to specific removal and gather decisions.

4. No later than June 1,2005,and no later than June I every three 3) years thereafter, the BLM

shall complete an inventory

of

the number

of

wild horses in the sixteen 16) HMAs

in

Wyoming. The BLM

shall provide a written report

of

the results

of

each triennial inventory to the Governor

of

the State

of

Wyoming and the Wyoming Attorney General no later than July I

of

the year in which the inventory is

completed. Each triennial inventory shall be conducted

in

consultation and cooperation with the Wyoming

Department ofGame and Fish. Notwithstanding the preceding sentence, nothing in the Consent Decree

shall be construed to limit or modify the discretion accorded to the BLM by the Wild Free-Roaming Horses

and Burros Act as to the methodology used or the conduct

of

any inventory.

5

No later than September I, 2004, and no later than September I every three 3) years



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thereafter, the

LM

shall consult with the Wyoming Department

of

Game and Fish r egar ding the census

technique or m et ho d to b e u sed t o co un t the wi ld h orses in the n ext ca le nd ar year. N ot wi th st an di ng the

preceding sentence, nothing in the Consent Decree shall be construed to limit or modify the discretion

accorded to the BLM by the Wild Free-Roaming Horses an d Burros Act as to the cen sus technique or

m et ho d to b e used to c ou nt th e wil d horses.

6. If LM deter mines, based on the r esults of any inventory and on projected r eproduction

rates, that the wild horse population in any HM or other area in Wyoming is likely to exceed AML in the

following fiscal year, the Bureau

of

Land Management shall in its budget submission to the Department

of

the I nterior for the next budget cycle include a r equest to r educe that HMA back to AML . If the LM fails

to reduce the number

of

wild horses to AML by December 5ofthe year ofthe next budget cycle, the State

ofWyoming may petition this Court to compel removal ofhor ses over AML in the HM at that time based

on the Wild Free- Roaming Hor ses and Bur ros Act and applicable law.

7 Th e D ef en da nt s shall p ay all c os ts a nd ex pe ns es i ncu rre d in c on du ct in g eac h in ven to ry

required in Section 4 of this Consent Decree. The Defendants also shall pay all costs and expenses incurred

in reducing the number

of

w il d h orses to A ML as req uired in Section s 2, 3, a nd 6

of

this Consent Decree.

CONTINUING JURISDICTION, ENFORCEMENT and DISPUTE RESOLUTION

8 This Court shall have continuing jur isdiction over this matter, the Par ties to this Consent

Decree, any disputes arising under this Consent Decree, and any alleged violations

ofthis

Consent Decree.

Th is C ou rt m ay issue su ch fu rth er o rd ers or dir ections as may be necessary or appropriate to construe,

implement, or enforce the terms of this Consent Decree. The State ofWyoming explicitly agrees that if a

violation

of

this Consent Decree occurs, the State

of

Wyoming shall not seek to have the Defendants

or

any

officials

of

the B LM, including b ut not limited to the Secretary, the Director

of

the Bur eau

of

Land

Management or the Wyoming State Director

of

the Bureau

of

Land Management s Wyoming State Office

held in contempt of court for failure to comply with this Consent Decree. The State will seek enforcement

against the United States Department

of

the Interiorand/or the Bureau

of

Land Management and not against

the Secretary, the Director

ofthe

Bureau

of

Land Management,

or

the State Director

ofthe

Bureau

of

Land

Management s Wyoming State Office in their official or individual capacities.

9

In the event

of

a d is ag re em en t

between

the Parties

concerning

the interpretation

or

performanceofany provision in this Consent Decree, a Party shall invoke the dispute resolution procedures

of this Section by n ot ify in g the o th er Parties in writ in g of the matter s) in dispute and of the P ar ty s

intention to r esolve the dispute under this Section. T he Parties shall then attempt to r esolve the dispute

informally for a period

ofthirty

30) calendar days from the dateof the notice.

Ifthe

Parties cannot resolve

a dispu te b y the e nd of

the period

of

informal negotiations, the Party seeking interpretation

or

performance

may petition the Court to r esolve the dispute.

AGENCY DISCRETION

10. Nothing in this Consent Decree shall bar the Defendants from acting on any matters covered

in this Consent Decree in a time frame ear lier than r equired by this Consent Decree or to take additional

actions not specified herein if the Defendants determine such actions are appropriate under the applicable

law, including changing AML in accordance with applicable law. Nothing in this Consent Decree shall be

5



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ccnstrued to limit or modify the discretion accorded to BLM by the Wild Free-Roaming Horses and Burros

Act, the APA, or general principles of administrative law with respect to the procedures to be followed in

carrying out any

of

the activities required herein, or as to the implementation or conduct

of

any of the

activities required herein.

MODIFICATION and TERMINATION

II .

This Consent Decree may be modified or terminated by written agreement

of

the Parties.

Any party may petition the Court to terminate this agreement for good cause shown. In any event, this

Consent Decree shall terminate no later than

1

years after entry

of

the decree.

12 Any dates set forth in this Consent Decree may be extended by written agreement of the

Parties and notice to the Court. To the extent the Parties are not able to agree to an extension, the

Defendants may seek a modification

of

this Consent Decree. The Defendants shall be deemed to be

in

compliance with this Consent Decree pending resolution by the Court

of

any motion by the Defendants

to modify a date established by this Consent Decree. If the Court denies a motion by the BLM to

modify a date established by this Consent Decree, then the date for performance for which modification

has been requested shall be such date as the Court may specify.

FORCE MAJEURE

13

For purposes

of

this Consent Decree, a Force Majeure event is any occurrence outside the

control

of

the Defendants, or

of

any entity employed by the Defendants, that delays or prevents

compliance with this Consent Decree despite the Defendants best efforts to comply. The Defendants

best efforts include using best efforts to anticipate any potential Force Majeure event I) as it is

occurring and (2) following the potential Force Majeure event, such that delay is minimized to the

greatest extent possible.

14

When circumstances are occurring or have occurred which may delay the completion

of

any requirement

of

this Consent Decree due to a Force Majeure event, the U.S. Department

of

the

Interior and/or the BLM shall so notify the State

of

Wyoming,

in

writing, within fifteen (15) days after

learning

of

the delay or the anticipated delay. The notice shall describe the basis for the U.S.

Department of the Interior and/or BLM s contention, if asserted, of a Force Majeure delay, the

anticipated length

of

the delay, and the timetable by which those measures will be implemented.

In

proceeding on any dispute regarding a delay in performance, the dispute resolution provisions

of

Section

9 shall apply.

15

In the event that performance

of

any provision or term

of

this Consent Decree conflicts

with an order issued by any other federal court, the Defendants shall be entitled to a show cause hearing

before this Court takes any action to enforce the provisions or terms

of


6



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APPLICABLE LAW

6

This Consent Decree shall be governed by and construed under the laws

o th

United States.

COMPLIANCE WITH OTHER LAWS

7 The State o Wyoming recognizes that the Defendants may be required to comply with other

federal laws in conjunction with undertaking the required actions herein. No provision o this Consent

Decree shall be interpreted or constitute a commitment or requirement that the Defendants take actions in

contravention o the Administrative Procedure Act ( APA ), the National Environmental Policy Act, the

Endangered Species Act, or any other law or regulation, either substantive or procedural. No provision

o

this ConsentDecree shall be interpreted as or constitute a commitment or requirement that the United States

Department o the Interior and/or the BLM obligate or pay funds in contravention o the Anti-Deficiency

Act, 3 U.S.c. 1341, or any other law or regulation.

NO ADMISSION OF LIABILITY

8 This Consent Decree was negotiated, mutually drafted, and executed by the Parties in good

faith to avoid further litigation and is a settlement o claims which were contested, denied and disputed in

part. Neither the execution o this Consent Decree nor any action taken hereunder is an admission o any

fact, liability or wrongdoing o any kind regarding any o the matters addressed in the Consent Decree.

Accordingly, with the exception o this proceeding, this Consent Decree shall not be admissible in any

judicial or administrative proceeding for use against any Settling Party over the objection o that Settling

Party.

RELEASE BY STATE OF WYOMING

9

Subject to the provisions herein, the State o Wyoming s complaint is dismissed with

prejudice upon entry o an order by the Court ratifying this consent decree.

The

State o Wyoming reserves

all rights to bring

an

action for alleged future violations by Defendants o

the Wild

Free-Roaming Horses

and

Burros

Act

Defendants reserve any and all defenses to

such

future actions.

FORM OF NOTICE

20. Unless otherwise specified, or as may be changed from time to time, all notices or any other

written communications required to be submitted under this Consent Decree shall be sent to the respective

Settlement Parties at the following addresses:

As to the u Department o the Interior and the

Bureau o LandManagement

Robert

A

Bennett

State Director

Bureau o Land Management

Wyoming State Office

P.O. Box 1828

Cheyenne, WY 82003

7



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and

Chief

Wildlife Marine Resources Section

Environment Natural Resources Division

United States Department Justice

P.O. Box 7369

Ben Franklin Station

Washington D.C. 20044-7369

As to the State Wyoming

Patrick J Crank

Attorney General

Office the Attorney General

23 Capitol Building

Cheyenne WY 82002

ENTIRE AGREEMENT

21. This Consent Decree constitutes the entire agreement the Parties

in

this case. All prior

conversations meetings discussions drafts and writings any kind are specifically superseded by this

Consent Decree.

MUTUAL DRAFTING

22

The Parties to this Consent Decree agree that this Consent Decree was jointly drafted by

them. Accordingly the Parties agree that any and all rules

statutory construction to the effect that

ambiguity is construed against the drafting Party shall be inapplicable in any dispute concerning the terms

meaning or interpretation


THIRD PARTY BENEFICIARIES

23. The Parties do not intend to create in any other individual or entity the status

third party

beneficiary and this Consent Decree shall not be construed so as to create such status. The rights duties

and obligations contained in this Consent Decree shall operate only between the Parties to this Consent

Decree and shall inure solely to the benefit the Parties to this Consent Decree. The provisions this

Consent Decree are intended only to assist the Parties in determining and performing their obligations under

this Consent Decree. The Parties intend and expressly agree that only Parties signatory to this Consent

Decree shall have any legal or equitable right to seek to enforce this Consent Decree or to seek any remedy

arising out a Party s performance or failure to perform any term or condition this Consent Decree.

8



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EFFECTIVE DATE

24 The terms o this Consent Decree shall become effective upon entry

o

an order by the United

States District Court for the District

o

Wyoming ratifying this Consent Decree

SEVERABILITY

25 any term condition or provision o this Consent Decree or the application thereofto any

person or circumstance shall to any extent be held by a court o competent jurisdiction or rendered by the

adoption o a statute by the United States invalid void or unenforceable the remainder

o

the terms

covenants conditions or provisions o this Consent Decree or the application thereof to any person or

circumstance shall remain in full force and effect and shall in no way be affected impaired or invalidated

thereby

REPRESENTATIVE AUTHORITY

26 Each undersigned representative

o

the Parties to this Consent Decree certifies that he or she

fully authorized to enter into and execute the terms and conditions

o

this Consent Decree and to legally

bind such Party to this Consent Decree By the signatures below the Parties consent to the entry

o

this

Consent Decree

FOR PLAINTIFF:

Da t ed S

105

Attorney for Plaintiff State

o

Wyoming

FOR DEFENDANTS:

Dated: 8

3

k ~

THOMAS

L

SANSONETTI

Assistant Attorney General

Environmental

Natural Resources Division United States

Department

o

Justice

Attorney for Defendants United States Department o th Interior and

Bureau o Land Management

9


ex. d john steele

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