BISHOP, Calif. – The Bureau of Land Management and U.S. Department of Agriculture Forest Service have approved a plan for the agencies to gather and remove excess wild horses that have roamed outside the Montgomery Pass Wild Horse Territory near Benton onto public and private lands, in accordance with the Wild Free-Roaming Horse and Burros Act of 1971.

High priority areas for this gather include, but are not limited to, horses located in the Mono Basin and horses along CA State Route 120 East and U.S. Highway 6.

“This plan will allow the Inyo National Forest to gather horses beginning summer of 2025 from high-priority areas outside the Montgomery Pass Wild Horse Territory, where wild horses are causing impacts to sensitive wildlife habitat, riparian areas, and tufa geological formations; where there are safety concerns for motorists; and areas where private landowners have requested their removal,” said BLM Bishop Field Manager Sherri Lisius.

The Montgomery Pass Wild Horse Territory is managed by the Forest Service for a wild horse population between 138 to 230 animals under the 2019 Inyo National Forest Land Management Plan. A 2024 aerial survey of the surrounding areas estimated there were 699 horses, with most of those roaming outside the territory in areas not designated for their management. The current plan authorizes approximately 300-500 horses to be gathered. Wild horses that stray from their established areas may be removed to reduce conflicts with other resources in accordance with the Wild Free-Roaming Horses and Burros Act of 1971. When the gather occurs, animals removed will be transported to Forest Service off-range corrals, where they will be checked by a veterinarian and prepared for adoption and sale programs.

Appeals of the BLM decision can be submitted to the Interior Board of Land Appeals by April 7, 2025. Additional information about the gather is available at the BLM NEPA National Register. Information on the Inyo National Forest’s decision notice is available at the projects page or the Pinyon Public page.

For more information, please contact BLM_CA_Bishop_MPWHT@blm.gov or SM.FS.InyoWH_B@usda.gov.

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Ethics

Attorney discipline records short of disbarment would be expunged after 8 years under state bar plan

By Debra Cassens Weiss

November 21, 2024, 9:00 am CST

The California Supreme Court is being asked to automatically expunge records of attorney discipline other than disbarment after eight years, provided that there is no further discipline during that period.

The State Bar of California’s board of trustees approved the proposal Nov. 14 and sent it to the state supreme court, according to a Nov. 15 press release. The board also directed staff to remove administrative suspensions from online attorney profiles.

The changes stemmed from recommendations by the state bar’s Ad Hoc Commission on the Discipline System. The commission viewed expungement as a way to address racial disparities in discipline and align the system with the practices of other regulatory agencies, the press release stated.

A November 2019 study found racial disparities in probationary discipline, disbarment and discipline-related resignation, with the greatest disparities between Black and white male lawyers.

Reuters and Law360 had coverage of the expungement proposal.

Cedarville, Calif. – The Bureau of Land Management is seeking public comments on a plan to manage wild horse populations in three herd management areas in far northeast California and far northwest Nevada. The environmental assessment, available for review and comment through the BLM National NEPA Register, addresses population management actions on the Carter Reservoir, Coppersmith and Buckhorn herd management areas.

“Wild horse populations in these herd management areas have greatly exceeded the appropriate management level established in our Resource Management Plan,” said Craig Drake, manager of the BLM Applegate Field Office. “Managing the population at the appropriate management level is important to maintaining healthy, viable herds as part of a thriving natural ecological balance on the range, as required by the Wild Free-Roaming Horses and Burros Act.”

A 30-day comment period runs through Nov. 22. Anyone interested can comment by using the “participate now” button on the above NEPA Register page. Those who need the document in printed form can contact the BLM’s Surprise Field Station in Cedarville at 530-279-6101. Comments can also be sent to the Bureau of Land Management, Surprise Field Station, 602 Cressler St., Cedarville, CA 96104, attention Wild Horse Gather. 

The BLM plans to gather excess wild horses from the three HMAs to achieve and maintain populations within the appropriate management level range shown in the EA. The HMAs are not managed for burros; any that have roamed into the HMAs would be removed.

Based on aerial surveys, ground observations, and expected annual population increases, the BLM expects there are more than 700 wild horses in the three HMAs, where the combined appropriate management level is 134 – 195 wild horses. This overpopulation has impacted water and riparian resources on both public and private lands. The BLM would conduct new population survey flights prior to any gathers. The BLM does not intend to reduce populations below the appropriate management level range in any of the herd management areas. Wild horses removed from the range would be made available for private ownership through the BLM’s adoption and sales programs.

The BLM is responsible under the Wild Free-Roaming Horses and Burros Act for protecting and managing wild horses and burros to protect resources and ensure healthy herds. The agency periodically removes animals from the range when populations exceed levels established to allow the herds to thrive in balance with other users including wildlife and permitted livestock. More information about the BLM’s Wild Horse and Burro Program is available online. 
 

WASHINGTON — The Bureau of Land Management (BLM) today announced its proposed roadmap for solar energy development on public lands, designed to expand efficient and environmentally responsible solar project permitting on public lands across the West. Today’s release of the Final Utility-Scale Solar Energy Programmatic Environmental Impact Statement and Proposed Resource Management Plan Amendments (also known as the proposed updated Western Solar Plan), comes as the Biden-Harris administration releases new data to demonstrate how it has improved federal permitting processes to help deliver more projects, more efficiently, across the United States.

The proposed Western Solar Plan builds on President Biden’s Investing in America agenda, which is working to transition the nation to clean energy, lower energy costs for consumers, create good-paying union jobs, tackle the climate crisis, and advance clean air and environmental justice priorities, with the goal of achieving a 100-percent clean electricity grid by 2035. Earlier this year, BLM surpassed the goal of permitting more than 25 gigawatts of clean energy projects on public lands, and the updated Western Solar Plan will support continued progress on responsible permitting. 

“The updated Western Solar Plan will help build modern, resilient energy infrastructure that creates a strong clean energy economy and protects our communities from the worsening impacts of climate change,” said Principal Deputy Assistant Secretary for Land and Minerals Management Dr. Steve Feldgus. “Through extensive planning and collaboration, we’re not only protecting our public lands but also ensuring that permitting for solar projects moves faster and more efficiently, avoiding conflicts and striking the right balance as we advance clean energy and safeguard the environment.”

Developed with substantial public input, the proposed updated Western Solar Plan will guide BLM’s management of solar energy proposals and projects on public lands. It would make over 31 million acres of public lands across 11 western states available for potential solar development, driving development closer to transmission lines or on previously disturbed lands and avoiding protected lands, sensitive cultural resources and important wildlife habitat.

Steering project proposals away from areas where they may conflict with other resources or uses will help ensure responsible development, speed the permitting process, and provide greater predictability to the solar energy industry. The plan updates and expands the original 2012 Western Solar Plan in order to reflect changes in technology and meet the higher demand for solar energy development. This plan analyzes five additional western states (Idaho, Montana, Oregon, Washington, and Wyoming), in addition to the six states analyzed in the original plan.

“The updated Western Solar Plan is a responsible, pragmatic strategy for developing solar energy on our nation’s public lands that supports national clean energy goals and long-term national energy security,” said BLM Director Tracy Stone-Manning. “It will drive responsible solar development to locations with fewer potential conflicts while helping the nation transition to a clean energy economy, furthering the BLM’s mission to sustain the health, diversity, and productivity of public lands for the use and enjoyment of present and future generations.” 

No solar developments are authorized through this planning effort; proposed projects will still undergo site-specific environmental review and public comment. This Final Utility-Scale Solar Energy Programmatic Environmental Impact Statement follows a draft published in January 2024 for public comment, with input from a wide range of stakeholders helping BLM to make additional updates that will help protect wildlife habitats and migration corridors and other key resources, while providing clarity to industry about low-conflict areas and project design approaches to guide responsible development.

To date, the Biden-Harris administration has approved 40 renewable energy projects on public lands (9 solar, 13 geothermal, and 18 gen-ties) allowing for early achievement of the goal to permit 25 gigawatts by 2025. In total, BLM has now permitted clean energy projects on public lands with a total capacity of approximately 29 gigawatts of power – enough to power over 12 million homes. This year BLM also issued a final Renewable Energy Rule that will lower consumer energy costs and the cost of developing solar and wind projects, improve project application processes, and incentivize developers to continue responsibly developing solar and wind projects on public lands.

Publication of the Final Utility-Scale Solar Energy Programmatic Environmental Impact Statement and Proposed Resource Management Plan Amendments initiates a 30-day protest period and 60-day governor’s consistency review. Following resolution of any remaining issues identified in this phase, the BLM will publish the Record of Decision and Final Resource Management Plan Amendments.

For more information on the updated Western Solar Plan, visit the project’s National NEPA Project Register (ePlanning) website at https://eplanning.blm.gov/eplanning-ui/project/2022371/510.

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Ethics

Judge’s plan to decide traffic cases before hearing date ‘was not evil in nature,’ disciplinary court says

By Debra Cassens Weiss

March 13, 2024, 9:56 am CDT

A Philadelphia municipal judge who ruled on 95 traffic citations one day before the hearing date violated just one ethics rule requiring diligent and competent performance of duties, the Pennsylvania Court of Judicial Discipline has ruled.

In its March 12 opinion, the disciplinary court said the conduct by Judge Marissa J. Brumbach of the Philadelphia Municipal Court was not as bad as alleged by the Pennsylvania Judicial Conduct Board, Law.com reports.

“The initial report of the alleged misconduct in this case sounded much worse than what the actual evidence showed,” the disciplinary court said. “Judge Brumbach’s plan was not evil in nature, nor was it an attempted abuse of power for personal gain.”

Brumbach had ruled in advance because she had plans to be in Florida on Jan. 7, 2022, the date when the cases were scheduled, according to the opinion. She had asked then-President Judge Patrick Dugan of the Philadelphia Municipal Court for the day off in November 2021 but never received a response until Jan. 6, 2022, after Brumbach notified the presiding judge of her advance-ruling plan in an email.

Brumbach’s email had asked whether Dugan had an alternate plan. He responded that “the alternative plan is for you to show up and handle your list,” and he had not authorized the day off.

Typically, witnesses did not appear in traffic court. The judge ruled based on information in the citation, the disciplinary court said.

Brumbach had informed her staff that if any defendants showed up in court, their cases were to be continued.

Before ruling in the cases, Brumbach had asked a prosecutor to review them and decide whether to withdraw any of them.

Brumbach’s advance rulings were to be implemented only if there was no coverage for Brumbach’s courtroom and if the court was not closed because of snow. As it turned out, the court was indeed closed that because of the inclement weather, and there was indeed coverage for Brumbach’s courtroom if the court had been open.

The defendants’ rights to be heard were not violated, the disciplinary board said, because the rulings were only for cases in which the defendant failed to appear.

“There is no evidence that anyone was denied their rights, that anyone failed to receive a fair trial, or that the government was denied due process under the particular facts of this case,” the opinion said.

Dugan should have told Brumbach whether her time-off request was approved before Jan. 6, 2022, the disciplinary court said. And Brumbach should not have signed off on the case dispositions in advance.

The disciplinary court said Dugan and Brumbach “have obvious problems with communication,” although the source of the friction isn’t entirely clear. The working relationship was so poor that Brumbach did not want Dugan to have any in-person communication with her, the court said.

Lawyer Matthew Haverstick represented Brumbach. He told Law.com that he viewed the decision as an overall win that refuted a “really overblown and overhyped” ethics complaint.

The disciplinary court opinion becomes final after a 10-day period to lodge objections, Law.com explains. After that, a hearing on sanctions will happen.

Two women in Michigan — one of whom is an officer with the Detroit Police Department — are accused of exchanging dozens of text messages showing that they planned and executed a home invasion in which they stole and destroyed tens of thousands of dollars in property as a means of “seeking revenge” on a man — himself a police officer — who was dating both of them simultaneously.

The text conversation allegedly happened last year between suspended officer Brianna Cabano, 29, and Colleen Compton, 30, both of whom are charged by the Macomb County Prosecutor’s Office with one count each of second-degree home invasion, second-degree conspiracy to commit home invasion, malicious destruction of property between $1,000 and $20,000, and larceny in a building.

Prosecutors on Wednesday presented the messages during the preliminary hearing for the two women, arguing the messages show that the duo broke into the home of then-suspended police officer Otis Funchess Jr. on April 11, 2023, the Macomb Daily reported. Funchess was reportedly suspended after allegedly pleading guilty to assaulting Cabano in 2021 and receiving a deferred sentence.

According to the report, DPD Detective Joanna Gudel testified about the contents of the alleged messages during the proceeding.

Gudel reportedly told the court that the messages began on April 8 and showed that the two women “were seeking revenge” against Funchess for sleeping with the two of them at the same time. Fuchess at the time of the alleged break-in was reportedly living with Compton but had recently engaged in sexual intercourse with Cabano.

Updated September 29, 2023
REDDING, Calif. – The Bureau of Land Management is seeking public input on the draft Northwest California Integrated Resource Management Plan and Environmental Impact Statement for public lands managed by the Redding and Arcata field offices. The comment period will end by Dec. 28.

“Public input is critical to develop this plan that will guide our management into the future,” said Dereck Wilson, manager of the BLM’s Northern California District. “We encourage the public to reflect on the importance of these public lands in northwest California and their significant natural and cultural resources.” 

The Northwest California Integrated Resource Management Plan will guide management of approximately 382,200 acres of public land and approximately 295,100 acres of subsurface minerals in Del Norte, Siskiyou, Shasta, Humboldt, Mendocino, Trinity, Tehama and Butte counties for the next 15 to 20 years.

The integrated plan will replace the resource management plans for the Redding and Arcata field offices put into place in the mid-1990s. The need for a new resource management plan is due to increasing population and changing use patterns; to provide for a broad array of recreation uses; wilderness management; protect and conserve Wild & Scenic Rivers and Areas of Critical Environmental Concern; and consolidate BLM-managed public lands to conserve significant resources while providing public access.

The BLM will collaborate with local, state and federal agencies as well as Tribal partners to complete the plan. Public comments will help prepare the final environmental analysis and proposed resource management plan.

The planning area includes a great diversity of lands ranging from north coast beaches and dunes—to the Central Valley and Sacramento River—to the foothills of the Sierra Nevada Mountains. These public lands provide a wide array of recreational opportunities, including wilderness trails, hunting areas, off-highway riding areas, mountain bike trails and scenic vistas. A wide range of uses are supported by these lands, including habitat for fish and wildlife, livestock grazing, mining, timber production and firewood collecting.

Public participation in the planning process will help the BLM develop a land use plan that reflects the values and needs of the people living in the region and those who visit.

Public comments may be submitted via email to BLM_CA_Redding_Arcata_NCIP@blm.gov, online at BLM NEPA Register, hand delivered, or mailed to the BLM Arcata Field Office at 1695 Heindon Road, Arcata, CA, 95521-4573.

More information is available from the BLM Arcata Field Office at 707-825-2300, or the BLM Redding Field Office at 530-224-2100.