NO.: CV-S-97-327-HDM (RLH)
WESTERN SHOSHONE NATIONAL COUNCIL
by its Chief, Raymond D. Yowell, and
CHIEF RAYMOND D. YOWELL as Representative of
the Class of Shoshone Persons,
Plaintiffs
v.
UNITED STATES OF AMERICA;
Department of the Interior, Secretary BRUCE BABBITT,
JULIE FAULKNER, ROBERT LAIDLAW;
Bureau of Land Management, ANN J. MORGAN, HELEN HANKINS; and
ORO NEVADA RESOURCES, INC.; its parents,
affiliates, subsidiaries, successors, assigns, etc.,
Defendants
The Western Shoshone National Council by its Chief, Raymond D. Yowell, and Chief Raymond D. Yowell as representative of the Class of Shoshone Persons, Plaintiffs in the above-captioned case, move pursuant to F.R.A.P. Rule 8, pending appeal of this Court's order dismissing the action, for a stay of the Court's Order of May 10, 1999, vacating the preliminary injunction herein.
1. There is a likelihood of irreparable harm to Plaintiffs if the injunction protecting Western Shoshone cattle ranchers is vacated:
a. Impoundment and fines threatened by the Bureau of Land Management (BLM) would destroy Plaintiffs' way of life and livelihood.
b. Impoundment would destroy years of special breeding techniques, which cannot be measured in dollars.
2. There is no likelihood of irreparable harm to the BLM if an injunction is granted:
a. Continuance of the injunction will maintain status quo Western Shoshone grazing practices which have been in effect for many years.
b. Any harm to the BLM is measurable in the monetary value of alleged unpaid grazing permit fees.
3. Plaintiffs have raised serious questions of law which are a fair ground for litigation:
a. Plaintiffs assert aboriginal rights to land, including individual aboriginal rights defined by the United States Supreme Court and the Ninth Circuit Court of Appeals, which have not before been subjected to litigation.
b. This action presents unlitigated issues of Western Shoshone rights by parties not privy to prior Western Shoshone cases. The Ninth Circuit has twice indicated that questions of privity of parties regarding prior Western Shoshone litigation remain to be decided.
4. An injunction will serve the public interest in the orderly administration of law:
a. BLM enforcement of contested regulations while these are being litigated would constitute a violation of due process and a disruption of the orderly administration of the law.
b. Previous BLM actions to impound Western Shoshone livestock, carried out by aggressive para-military tactics under circumstances of disputed rights, have occasioned great disturbances of the peace and community disruption.
5. The injunction continues to be necessary to protect Plaintiffs' ability to prosecute this action.
a. The injunction is designed to preserve a long-standing status quo during litigation of serious issues regarding Plaintiffs rights. Plaintiffs' appeal is an integral part of this litigation.
b. BLM enforcement actions and threats significantly disrupt the operations of Plaintiff Western Shoshone National Council and individual Western Shoshone persons represented in this action, greatly interfering with their abilities to conduct this litigation in a timely fashion, with requisite care and concern for a full presentation of their positions.
The Magistrate's Report recommending the preliminary injunction and the Court's Order instating it were founded on the facts and concerns summarized above. These facts and concerns have not substantially changed since that time and the significance and necessity for the injunction remain as before, in order that Plaintiffs may be able to prosecute their appeal.
WHEREFORE, Plaintiffs move this Court for a Stay of its Order of May 10, 1999, vacating the preliminary injunction.
Dated: May , 1999
Respectfully Submitted,
Raymond D. Yowell, Chief
Allen Moss, Sub-Chief
Western Shoshone National Council
Indian Springs, NV 89018-210
NO.: CV-S-97-327-HDM (RLH)
WESTERN SHOSHONE NATIONAL COUNCIL
by its Chief, Raymond D. Yowell, and
CHIEF RAYMOND D. YOWELL as Representative of
the Class of Shoshone Persons,
Plaintiffs
v.
UNITED STATES OF AMERICA;
Department of the Interior, Secretary BRUCE BABBITT,
JULIE FAULKNER, ROBERT LAIDLAW;
Bureau of Land Management, ANN J. MORGAN, HELEN HANKINS; and
ORO NEVADA RESOURCES, INC.; its parents,
affiliates, subsidiaries, successors, assigns, etc.,
Defendants
I, Raymond D. Yowell, Chief of the Western Shoshone National Council and representative of individual Western Shoshone citizens who assert aboriginal rights in the above-entitled action, being duly sworn and in good faith, hereby state that the facts asserted and relied upon in the foregoing Motion for Stay of the District Court's order vacating the preliminary injunction herein are true to the best of my knowledge and belief.
Subscribed and sworn to under the pains and penalties of perjury.
Date: May , 1999
Raymond D. Yowell