BLM's Lack of Criminal Referrals Post-Bundy Standoff Revealed

The Bureau of Land Management (BLM) has not requested the Justice Department to prosecute Nevada rancher Cliven Bundy or others involved in an armed standoff last year. This standoff occurred as BLM officials attempted to round up cattle illegally grazing on federal lands. Documents obtained by a government watchdog group reveal this lack of action.

Documents Released by PEER

Public Employees for Environmental Responsibility (PEER) released 44 pages of highly redacted documents showing no criminal referrals to the DOJ. Additionally, there were no instructions to BLM staff in Nevada on handling the situation with Bundy, whose cattle continue to graze illegally on sensitive federal lands more than a year after the April 2014 standoff.

The Washington, D.C.-based group also released a letter from Theresa Coleman, chief of BLM's Division of Information Resources Management Governance. The letter states that the agency conducted a thorough review and that the 44 pages of documents are responsive to the group's records request.

Legal Actions and Responses

The documents were released following a lawsuit PEER filed against BLM in the U.S. District Court for the District of Columbia in June 2014. The lawsuit claimed BLM failed to respond to the group's Freedom of Information Act request (Greenwire, June 12, 2014).

PEER Executive Director Jeff Ruch expressed surprise at the scarcity of documents related to the request. He mentioned the possibility of requesting a sworn affidavit from BLM confirming the thoroughness of the records search.

"We are somewhat incredulous that there is so little," Ruch said. "But we just thought we would share the paltry fruits that we reaped."

BLM's Response and Safety Concerns

PEER initially filed the FOIA requests to understand why BLM called off the high-profile, weeklong roundup of Bundy's cattle. The only response in the documents is a press statement from BLM Director Neil Kornze, citing safety concerns for employees and the public as the reason for halting the roundup.

PEER also sought information on measures taken to ensure employee safety amid the anti-government backlash following the Bundy standoff. The records include communications about the need for "extra safety measures" and an email advising BLM employees to maintain a low profile.

The group was also interested in whether the U.S. Attorney's Office declined to prosecute Bundy criminally, which would leave cattle impoundment as BLM's only option for justice. While the documents do not answer this, BLM spokeswoman Celia Boddington stated the agency remains committed to resolving the matter legally and safely.

Jessica Kershaw, an Interior Department spokeswoman, emphasized employee safety as the department's top priority, advising staff to remain situationally aware and take prudent security precautions.

Continued Criticism and Reflection

The anniversary of the Bundy standoff has reignited criticism from environmentalists and former Interior Department officials, who argue that the government's inaction emboldens Bundy and his supporters to challenge BLM's jurisdiction.

BLM estimated a year ago that 908 illegal cattle were spread across 1,200 square miles, including BLM's Gold Butte area and the National Park Service's Lake Mead National Recreation Area.

Ruch expressed astonishment at the lack of reflection or analysis by BLM on the standoff and how to prevent similar incidents in the future.

"In the aftermath of this incident, BLM apparently did not analyze either its effects or what to do if it happened again," he said.

He also questioned why it took a lawsuit to compel BLM to release the documents.

"When the history of this episode is written, BLM seems determined to contribute as little as possible," he said. "So what lessons were learned from this fiasco? Darned if I know."

Originally Posted by E & E