CHEYENNE, Wyo. (Legal Newsline) – A Wyoming rancher has failed to convince the state Supreme Court that he should be paid more than what is established for the death of cattle due to the mismanagement of the grizzly bear population.
Josh Longwell of Hot Springs County took his fight all the way to the state’s highest court after he found 20 calves dead in 2018 while also being unable to locate 294 others. State officials confirmed the 20 dead were due to predation by trophy game animals like grizzly and black bears and mountain lions.
He sought compensation from the Wyoming Game and Fish Department under a theory that for every dead calf he found, there must be 19 others dead but missing because his ranch is an area that makes finding them difficult.
This was a large increase over Wyoming’s current guidelines that assume 3.5 dead for every one found. When applying for compensation, he multiplied the 20 dead by 20, applying a fair market price for r400 calves to reach a request for $349,730.20.
The State countered with the 3.5 multiplier, for only $61,202.79. Arbitrators picked neither, multiplying the 20 dead plus 294 missing at fair market value.
Courts found the arbitrators were bound to decide whether the 3.5 multiplier was fair or should be increased to 20. A lower court and the Supreme Court chose the 3.5 multiplier.
Longwell said he hoped sending the original bill for $350,000 would at least “wake up everybody in (the) legislature” and “send a message” to stand up for property owners paying the price for mismanagement of grizzly bears by the State.
“We are sympathetic to Mr. Longwell’s plight,” Justice Keith Kautz wrote. “His frustration with the grizzly bear predation occurring on his ranch is obvious from the transcript of the arbitration hearing.
“And, as the district court acknowledged, ‘it may very well be that the (3.5-times) multiplier… is outdated and needs to be changed.’
“However, as the court also recognized, Mr. Longwell’s remedy lies with the commission or the legislature, not this court.”