A legal battle is brewing over the fate of a two-mile fence that has long separated point Reyes National Seashore’s largest elk herd from neighboring farms and ranches. The California Cattlemen’s Association is taking the National Park Service to federal court in a last-ditch effort to halt the removal of the fence, which crews began dismantling on Wednesday.
“We’re definitely concerned about the speed at which they’re doing this,” said San Francisco attorney Tony Francois,who filed for both a temporary restraining order and a preliminary injunction on behalf of the Sacramento-based cattle association.
The national Park Service announced on Monday that after years of study and public comment, they would be removing the nearly 50-year-old fence that encloses the 2,900-acre elk reserve on Tomales Point. This decision will allow the once-endangered tule elk to roam freely across the 71,000-acre seashore,including leased pastures and farms.
By Tuesday morning,crews equipped with backhoes had begun tearing down sections of the eight-foot wooden fence that stretches from Pierce Point Road to the ocean on the west and to Tomales Bay on the east.
The swiftness of the removal surprised some ranchers who lease approximately 18,000 acres within the seashore for cattle and dairy farming.
“Were they expecting a challenge and that’s why they notified the public and immediately took it down as fast as they could?” questioned rancher Kevin Lunny, former owner of Drakes Bay Oyster Co., who now raises beef cattle in the park. “And if it was an honest process and if it was done well, why would you expect a challenge?”
Observing the dismantling of the fence along the north side of his dairy farm, Tim Kehoe estimated that the section east of Pierce Point Road could be gone by the end of Wednesday.
“It feels like they’re trying to get it in before they can be stopped,” said Francois, the ranchers’ association attorney.“And so we’re hopeful that the court will grant the temporary restraining order today to at least freeze them in place. But we’ve also asked the judge to order them to restore the fence to the extent that they’ve taken it down.”
When asked for a response, Point Reyes national Seashore spokesperson Melanie Gunn stated, “The National Park Service does not comment on active litigation.”
Tule elk, once abundant throughout California but hunted nearly to extinction in the late 19th century, were reintroduced to the park in 1978. The fence across Tomales Point was erected to keep them separate from neighboring ranches.
However, the barrier proved less than entirely effective. Two smaller herds roam outside the fence around Limantour and Drakes beaches, and coexistence with the ranches has been fraught with tension.
In the preliminary injunction, Francois argued that “it is also well documented that tule elk force cattle away from feed that ranchers have purchased for the livestock. There have been incidents where elk have gored cattle with their antlers to access cattle water troughs or purchased cattle feed.”
He further stated that in addition to the spread of “serious transmissible diseases,” these cumulative impacts are devastating to ranching. “Profit margins are generally very small on these historic family farms. The extra expenses to rebuild fences, sort cattle, replace lost forage, purchase additional supplementary feed and pay additional veterinary fees, is highly likely to put the ranchers out of business.”
The peninsula’s farms and ranches account for about a fifth of the seashore’s land.
A legal battle is brewing over a controversial elk fence at Point Reyes National Seashore, pitting ranchers against environmental groups and raising concerns about the future of agriculture in the park.
The fence,erected by the National Park service (NPS) to protect sensitive elk habitat,has sparked outrage among local ranchers who argue it restricts their grazing operations and threatens their livelihoods.They claim the NPS failed to adequately assess the environmental impact of the fence, particularly on the pastoral zone where ranches are located.
news/point-reyes-seashore-farms-ranches-settlement/">“We’re arguing this is a violation of their duty to do environmental review of the decision,” said attorney Michael Francois, who represents the ranchers.
francois, who also represents the Point Reyes Seashore Rancher’s Association in a separate lawsuit challenging the park’s general management plan, emphasized the potential ripple effects of the fence’s construction. He warned of disruptions to feed supply stores, veterinarians, and dozens of worker families, potentially even leading to school closures in West Marin.
Adding to the complexity,the ranchers’ legal challenge coincides with ongoing settlement talks in the broader lawsuit filed by environmental groups in 2022. These talks aim to resolve the future of ranching within the park, with a court date scheduled for January.
Jim Coda,a former assistant U.S. attorney and longtime elk advocate, countered the ranchers’ claims, arguing that an environmental impact statement was not required for the fence construction. He cited the limited environmental impact and the fence’s violation of the Organic Act, the Seashore Act, and the Wilderness Act as reasons for its removal.
news/point-reyes-seashore-farms-ranches-settlement/">“The proposed action does not have a notable effect on the quality of the human environment. the very existence of the fence violates the Organic Act and similar language in the Seashore Act. It also violates the Wilderness Act. There is no defense to keeping it,” he wrote.
Federal Judge Donna Ryu is currently reviewing the ranchers’ submission for a temporary restraining order, with hopes for a swift decision. albert Straus, founder of Straus Creamery, a company that sources milk from two Point Reyes dairies, remains optimistic about a last-minute resolution.
news/point-reyes-seashore-farms-ranches-settlement/">“If the efforts are validated by the judge,” he said,”they can build fences and also they can take them down,right?”
## Elk Fence Removal Sparks Legal Showdown at Point Reyes
**World Today News Exclusive Interview with Tony Francois, Attorney for the California CattlemenS Association**
The dismantling of a two-mile fence that has long separated Point Reyes National Seashore’s largest elk herd from neighboring farms and ranches has ignited a legal firestorm.
World today News spoke with Tony Francois, the attorney representing the California Cattlemen’s Association, who filed for both a temporary restraining order and a preliminary injunction against the National Park Service (NPS) in a last-ditch effort to halt the removal.
**World Today News:** Mr.Francois, what are the ranchers’ main concerns about the fence removal?
**Tony Francois:** Our primary concern is the speed at which the NPS is acting. They announced the removal on Monday and started dismantling the fence the very next day, leaving ranchers with little time to prepare for the consequences. This swift action raises serious questions about the transparency and deliberateness of this process.
**World Today News:** What specific impacts do the ranchers anticipate?
**Tony Francois:** the tule elk, while magnificent creatures, are known to compete with cattle for resources. There have been documented instances of elk driving cattle away from feed, goring them for access to water troughs, and even transmitting diseases. These factors combined, with the added expenses of rebuilding fences and supplementary feeding, could be financially devastating for these family farms, some of which have been operating for generations.
**World Today News:** The NPS argues the fence removal is necessary to allow the elk to roam freely and fulfill their ecological role. How do ranchers respond to this argument?
**Tony Francois:** While we understand the NPS’s goals, we believe they have failed to adequately consider the economic and practical consequences for ranchers who lease land within the seashore. We are not opposed to the elk; we simply believe there needs to be a balanced approach that takes into account the needs of both wildlife and working landscapes.
**World Today News:** The NPS has declined to comment on the ongoing litigation. What is your desired outcome from legal action?
**Tony Francois:** We are seeking a temporary restraining order to immediately halt the fence removal and a preliminary injunction to force the NPS to restore the fence to its previous state. We firmly believe that a more thorough and collaborative process is necessary to ensure a enduring future for both the elk population and the ranching community at Point Reyes.
**World Today News:** this situation highlights a growing tension between conservation and agriculture. How do you see this conflict playing out in the future?
**Tony Francois:** This case is regrettably a microcosm of the broader challenges facing working landscapes across the country. We need to find solutions that allow for both environmental protection and the continued viability of our agricultural heritage. This requires open dialogue, scientific research, and a willingness to compromise on both sides.
The removal of the elk fence at point Reyes National Seashore has ignited a complex debate with repercussions for the future of agriculture and conservation in the park. As this legal battle unfolds,the delicate balance between these competing interests will be closely scrutinized.
