Like many western U.S. ranching families, the Picketts have worked on the same land in Idaho for many generations and have a thriving business selling naturally raised beef. And like many ranchers, their business depends on grazing permissions on federal land. But their livelihoods are threatened by rules that set aside over 65-million acres of federal land as a habitat for the sage-grouse — an animal that’s neither threatened nor endangered. In fact, sage-grouse management rules eliminate more than 31,000 jobs.
On behalf of the Picketts, Pacific Legal Foundation challenged illegal rulemaking by government bureaucrats. Agencies implemented the sage-grouse plans without first submitting them to Congress as required under the Congressional Review Act (CRA). PLF argued the rule is unenforceable until the agencies comply with the CRA, and that it should be properly sent to Congress for consideration and, hopefully, eventual disapproval.