Whitewater Draw Natural Resource Conservation District

v.

DHS Secretary Kirstjen Nielson

Plaintiffs' Bios

Whitewater Draw Natural Resource Conservation District

The Whitewater Draw Natural Resource Conservation District (“WWDNRCD”) is part of the state of Arizona’s Natural Resource Conservation District program that was established in response to the 1930’s dust bowl. The conservation district program promotes restoration and conservation of the state’s natural resources. As part of the conservation district program, WWDNRCD operates pursuant to Arizona Revised Statutes § 37, Chapter 6 and is governed by locally elected and appointed officials. The districts are charged with evaluating the conservation needs of their respective areas and partnering with local, state, and federal agencies to restore and conserve the landscapes and waters of their respective regions. WWDNRCD’s statutory purpose is “to provide for the restoration and conservation of lands and soil resources of the state, the preservation of water rights and the control and prevention of soil erosion, and thereby to conserve natural resources, conserve wildlife, protect the tax base, protect public lands and protect and restore this state’s rivers and streams and associated riparian habitats, including fish and wildlife resources that are dependent on those habitats, and in such manner to protect and promote the public health, safety and general welfare of the people.” Ariz. Rev. Stat. Ann. § 37-1001 (2016).

Hereford Natural Resource Conservation District

The Hereford Natural Resource Conservation District (“HNRCD”) is part of the state of Arizona’s Natural Resource Conservation District program that was established in response to the 1930’s dust bowl. The conservation district program promotes restoration and conservation of the state’s natural resources. As part of the conservation district program, HNRCD operates pursuant to Arizona Revised Statutes § 37, Chapter 6 and is governed by locally elected and appointed officials. The districts are charged with evaluating the conservation needs of their respective areas and partnering with local, state, and federal agencies to restore and conserve the landscapes and waters of their respective regions. HNRCD’s statutory purpose is “to provide for the restoration and conservation of lands and soil resources of the state, the preservation of water rights and the control and prevention of soil erosion, and thereby to conserve natural resources, conserve wildlife, protect the tax base, protect public lands and protect and restore this state’s rivers and streams and associated riparian habitats, including fish and wildlife resources that are dependent on those habitats, and in such manner to protect and promote the public health, safety and general welfare of the people.” Ariz. Rev. Stat. Ann. § 37-1001 (2016).

Arizona Association of Conservation Districts

The Arizona Association of Conservation Districts (“AACD”) is the state association of the Arizona Conservation Districts. The mission of the AACD is to support the conservation partnerships between the conservation districts and state and federal agencies, raise awareness of the activities of the conservation districts, and provide them with training and education.

Californians for Population Stabilization

Californians for Population Stabilization (“CAPS”) is a 501(c)(3), non-partisan, membership-based, public interest organization organized and existing under the laws of California. CAPS’s mission is to end policies and practices that cause human overpopulation and the resultant decline in Americans’ quality of life in California as well as in the United States. CAPS believes that unending human population growth causes environmental damage and overuse of nature’s bounty, leaving an impoverished Golden State. Unending population growth in California also strains local infrastructure. Further, it frays community institutions. Environmental impacts resulting from unending population growth include, but are not limited to: damage to air quality, increasing sprawl, increasing demand for water, increasing water pollution, increasing greenhouse gases and accelerating climate change, exacerbated traffic congestion, school overcrowding, loss of green space, farmland, forests and wildlife, and other non-renewable resources. CAPS has members and supporters in every state of the United States, with a majority residing throughout California. Because essentially all of California’s population growth presently stems from immigration and births to immigrants, CAPS’s priority goal is to reduce both legal and illegal immigration into California and the United States.

Scientists and Environmentalists for Population Stabilization

Scientists and Environmentalists for Population Stabilization (“SEPS”) is a small, informal, non-governmental organization run by scientists, but open to all.  It currently has about 50 members throughout the United States. SEPS’s mission is to improve understanding within the U.S. scientific, educational and environmental communities of the fact of overpopulation and its social, economic and environmental consequences at both the national and global levels. SEPS advocates for U.S. population stabilization, followed by its gradual reduction to a sustainable level through humane, non-coercive means. SEPS also advocates for a gradual transition to ecological economics for our economic system. It chiefly advocates by operating exhibitor booths addressing population stabilization at the annual meetings of scientific societies; SEPS is usually the only U.S. organization of its kind at these meetings.

New Mexico Cattle Growers Association

The New Mexico Cattle Growers Association (“NMCGA”) was established in 1914 to assist livestock producers in the State of New Mexico. Since that time, the Association has worked to ensure that the rights of livestock producers are protected. Over its 100 year history, the Association has served the livestock industry faithfully. That tradition continues today. Today NMCGA has members in all 33 of New Mexico’s Counties as well as some 19 other states. The purpose of the Association is to advance and protect the cattle industry of New Mexico; work toward solutions of industry problems, promote the well being of the industry; provide an official and united voice on issues of importance to the cattle producers and feeders; and create and maintain an economic climate that will provide members of the Association the opportunity to obtain optimum return on their investment.

Floridians for Sustainable Population

Floridians for a Sustainable Population (“FSP”) was established as a not-for-profit in 1994 in an effort to educate Floridians about the necessity to stabilize Florida’s human population in order “to preserve and protect our natural resources and open spaces for future generations to enjoy.” FSP recognizes that immigration is now the engine driving population growth in both Florida and the entire United States. FSP operates a website and, among other things, commissioned a sprawl study in 2000 to coincide with Florida Overpopulation Awareness Week. In the fifteen years following that 2000 campaign, Florida’s population has continued to mushroom, from about 16 million to over 20 million.

Glen Colton

Glen Colton has lived in Fort Collins, Colorado for 37 years. When he moved to Fort Collins, the town had 65,000 residents and was surrounded by “wide open spaces,” and agricultural land. At that time Fort Collins was “an idyllic place to live, work, and raise a family.” Over the decades, however, the town’s population has soared to 160,000 today. Its population is expected to grow by another 80,000 over the next 10 to 15 years with no end to the growth in sight. Many of the agricultural areas and “wide open spaces” that used to surround the city are gone. The population of the surrounding region is “projected to nearly double” from 500,000 to one million people within 20 years, with no end in sight. Mr. Colton is negatively impacted by the endless surge of population growth which causes sprawl, degradation of the Poudre River, loss of nature and wildlife, increasing light and air pollution and increasing traffic and congestion.

Read Mr. Colton's Affidavit

Ralph Pope

Ralph Pope is a retired Natural Resource Management/Ecologist for the U.S. Forest Service. Mr. Pope has lived in Southeastern Arizona and Southwestern New Mexico along the U.S/Mexico border for most of his life. Mr. Pope devoted his career to monitoring and trying to protect the Piloncillo, Chiricahua and Dragoon Mountains, federal lands which make up the Douglas Ranger District. His job with the Forest Service entailed monitoring ecosystem health and livestock grazing operations on federal lands. Unfortunately, over the decades, Mr. Pope has personally witnessed the ecological degradation of unique native ecosystems located on hundreds of thousands of acres of once pristine and unspoiled lands. This degradation was caused by illegal border-crossings, whose destructive impacts include trampled native vegetation, garbage, polluted water, destroyed wilderness and fires that burn out of control.

Read Mr. Pope's Affidavit

Plaintiffs' Members' Affidavits

Fred Davis

 

Fred Davis owns and operate a 10,000 acre ranch 25 miles from the Arizona/Mexico border, 12 miles from the town of Tombstone, Arizona, where he has lived for 61 years. The ranch has been owned by his family since 1867, when his great-grandfather came to Arizona. Mr. Davis is Chairman of WWDNRCD in Southeastern Arizona and a member of AACD.

Peggy Davis

Peggy Davis has lived on a 10,000-acre ranch, 25 miles from the Arizona/Mexico border and 12 miles from the town of Tombstone, Arizona for 43 years. She is a clerk and Education Center Director in Southeastern Arizona for WWDNRCD.  In those roles, she plans workshops for local cooperators and students so that they may learn about the newest innovative methods of working on their property.  She is also a member of the ACGA, Arizona Farm Bureau, Cochise County Sheriff’s Rancher’s Advisory Team, and a past-president of San Pedro Cattlewomen.

The Honorable Richard D. Lamm

The Honorable Richard D. Lamm, an attorney and Certified Public Accountant, served as Governor of Colorado from 1975 to 1987, and is a longtime member of CAPS. Governor Lamm has been a resident of Colorado since 1961. He is presently Co-Director of Public Policy at the University of Denver.

Don Rosenberg

 

Don Rosenberg is a 27-year resident of California. He is also the father of Drew Rosenberg, a 25-year old law student who was hit and killed in 2010 by Roberto Gallo, a Honduran national who illegally entered the United States and subsequently received Temporary Protected Status under federal law, one of the federal actions at issue in this case. Mr. Rosenberg joined CAPS after his son was killed.

Claude Willey

Claude Willey has lived in California for seventeen years in Orange County, Los Angeles, Altadena, and Pasadena. He moved to California in the fall of 1999 to go to graduate school at the University of California, Irvine, and received a Master of Fine Arts in 2001. When in graduate school, he conducted field research on hydrology in the Mojave Desert. He is currently a lecturer in the Department of Urban Studies and Planning at California State University, Northridge and in the Humanities and Sciences at Art Center College of Design in Pasadena. He has taught courses on: The Urban Scene; Growth and Sustainable Development of Cities; and Cities of the Third World. Mr. Willey is a member of CAPS.

Ric Oberlink

 

Ric Oberlink has lived in Berkeley, California for almost 40 years. After finishing high school in 1971, he enlisted and served two years in the U.S. Army. He graduated from the University of Illinois with a major in political science and a minor in environmental studies. He then earned a J.D. at the UC-Berkeley School of Law where his studies included a clinical semester with the Sierra Club Legal Defense Fund. From 1981 to 1984 and from 1987 to 1992, he worked as an attorney at two general civil practice firms in Oakland, California. From 1984 to 1987, he spent much of his time traveling in Asia, Australia, and New Zealand. From 1992 to 1997, he served as executive director of CAPS. Since then, he has been self-employed as a consultant to nonprofit organizations, including CAPS.

Richard Alan Schneider

 

Richard Alan Schneider is the Chair of CAPS. He has lived for nearly fifty years in California, mostly in Oakland. Mr. Schneider, a conservationist and scientist, has spent thousands of hours fighting to protect open space in the Bay Area. He also belongs to the Sierra Club, Alameda Creek Alliance, Tri-Valley Conservancy, Save Mount Diablo, California Wilderness Coalition, League to Save Lake Tahoe, California Native Plant Society, California Wildlife Foundation, Blue Planet United, NumbersUSA, and the Center for Immigration Studies.

Dr. Stuart Hurlbert

Dr. Stuart Hurlbert is the president of SEPS and a longtime member of CAPS. He is an emeritus professor of ecology at San Diego State University (1970-2016), a fellow of the American Association for the Advancement of Science (1989 – 2016), the founding president of the International Society for Salt Lake Research (1994-1999), and a winner of scientific awards from the International Ecological Association, the American Statistical Association, and the U.S. National Academy of Sciences. He has been a member of the Sierra Club, off and on, since the 1960s, and has written numerous general articles and essays on population-environment relations.

Caren Cowan

 

Caren Cowan has been the Executive Director of NMCGA for nineteen years. Ms. Cowan was reared on a commercial cattle ranch near Tombstone, Arizona. Her great-grandfather settled in Tombstone in 1881 and bought his first cow in 1884. Her family and extended family have been ranching in Cochise County, Arizona since that time. Today, she and her sister still own a part of the ranch near Elfrida, Arizona and Gleeson, Arizona, which they have leased to other ranchers in the area. Her nephew resides on the ranch, the fifth generation of her family to do so.

John W. Ladd

John W. Ladd owns a 16,400 acre ranch on the Arizona/Mexico border, near the town of Naco, Arizona, where he has lived for 61 years. The ranch has been owned by his family since it was homesteaded in 1896 by his mother’s grandparents. His primary life’s work is raising beef cattle on the ranch. He is a member and supervisor for HNRCD and also a member of ACGA, as well as a member of its Border Commission. He is also an advisor for the Graham/Cochise Cattle Growers, a member of Cochise Counties Planning Board which advises the County Supervisors on land use, a charter member of Cochise Conservation Recharge Network which develops projects to recharge and conserve water, and a charter member of Border Patrol Stakeholders. He is also an advisor for a new Program, Restore Arizona, sponsored by the Bureau of Land Management and the Natural Resource Conservation Service with the goal of brush management statewide.

John ("Jack") Oliver

John (“Jack”) Oliver is Director of FSP and has lived in South Florida for a total of 28 years. He has worked in the construction trade for 43 years as a skilled tradesman, an independent sub-contractor, a supervisor for a large drywall company, and a supervisor for a custom home builder. He has volunteered his time with several nonprofit organizations. He served as a Scout Leader and instructor in Gallatin, Tennessee with the Boy Scouts of America for 10 years and was certified in rappelling, rock climbing, whitewater canoeing, and kayaking. He became active in our nation’s immigration debate after his family’s livelihood as a drywall tradesman had been decimated.

IRLI is a supporting organization of the Federation for American Immigration Reform.

Copyright © 2019 Immigration Reform Law Institute. All rights reserved.