Blog ››› ››› BRIAN POWELL
The desert tortoise has become a symbolic scapegoat for right-wing media figures running defense for an anti-government cattle rancher who's threatening to wage a range war against federal law enforcement officers.
Conflict has erupted in Nevada between the Bureau of Land Management (BLM) and the family and supporters of rancher Cliven Bundy, a man who has refused multiple court orders to remove his cattle from public land. Bundy has stated that he does not recognize federal law and in fact argued in court in 1998 that the United States government didn't own the land in question (he lost). Now BLM officers and contract cowboys have begun confiscating Bundy's herd. And the scofflaw rancher has emerged as a right-wing folk hero after repeatedly stating that he owns firearms and is willing to "do whatever it takes to gain our liberty and freedom back."
At the center of the controversy -- according to right-wing media figures -- is the formerly endangered (and still threatened) desert tortoise. When Bundy's grazing rights were modified by BLM in 1993, it was in part to protect the species, which inhabits the same publicly-owned desert areas trodden by Bundy's cattle and was at the time on the brink of extinction.
That's where the connection to the tortoise ends, however. In 1993, Bundy began refusing to pay grazing fees required by the new rules. This led to an escalating series of reprisals from the judicial system that culminated in an order to confiscate Bundy's cattle in order to repay $1 million in fines and fees that over 20 years later remained unpaid. The current enforcement has less to do with protecting the tortoise, and more to do with Bundy's refusal to comply with the law or recognize the legitimacy of the federal government.
Nevertheless, right-wing supporters of Bundy's stand have tried to pin the conflict on the tortoise and the Endangered Species Act (ESA), which is being depicted in negative terms ranging from being dismissed as irrelevant and economically harmful to becoming the basis for conspiracy theories about unlawful land grabs by Big Government.
On Fox, the situation afforded the network the opportunity to perpetuate the conservative narrative that the ESA unjustly puts the rights of wildlife above the rights of people. One host declared, "We're not anti-turtle, but we are pro-logic and tradition." His co-host sarcastically (and inaccurately) described the government's position as "get the cows off so they can have the desert tortoise live there in peace."
David Blackmon, a Forbes contributor, penned a piece titled, "Using Snipers To Protect A Tortoise." (It's since been taken down, but cached here). In it, Blackmon argued that protecting the desert tortoise was merely a pretext being used by the government "with the clear expectation of running the Bundys off the land entirely."
As evidence that the protection of the tortoise is a scam, some in conservative media have pointed to the Bureau of Land Management itself, claiming it's been euthanizing tortoises and/or "planting" them in the desert in order to make a case that they're endangered.
In fact, a BLM tortoise conservancy in Nevada was forced to shut down due to budget cuts. Prior to its closure, the Desert Tortoise Conservation Center had to make the difficult decision to put down the tortoises that carried disease or were too feeble to survive on their own. The others were released back into the wild.
But despite how real the concerns about the future of desert tortoise may be, the reality is that the right-wing media is simply providing cover to a rancher who refuses to obey the law.