Craig Thiessen, Trespassing, New Mexico 2022

ALBUQUERQUE, N.M. – The U.S. Forest Service has won a major victory in a case involving grazing rights and trespass on National Forest System lands.

The case centers around Craig Thiessen, who was previously granted a permit to graze cattle on an allotment in the Apache National Forest. However, Thiessen and his brother, Lance, were found to have violated the terms of the permit.

On Sept. 18, 2017, Lance Thiessen filed an amended application for a term grazing permit on behalf of Canyon del Buey, LLC, and an Ownership Statement for the LLC listing himself as Manager and his brother, Craig, as a Member. USFS issued the LLC a permit authorizing the grazing of 344 cow-calf pairs on Nov. 21, 2017.

The permit was later cancelled by USFS on Nov. 29, 2018, for violations of the terms of the permit. Specifically, USFS cited Craig Thiessen’s conviction and misrepresentations made by Lance and Craig Thiessen.

The LLC administratively appealed the decision to cancel the permit, and the decision was affirmed by the Forest Supervisor and the Regional Forester. The Regional Forester directed Lance Thiessen, as manager of the Canyon del Buey, LLC, to remove all cattle from the allotment within 60 days, which was Aug. 31, 2019.

However, the Thiessens, acting on behalf of themselves and the LLC, did not remove the cattle as instructed by the USFS. The U.S. Attorney’s Office for the District of New Mexico, on behalf of the U.S. Department of Agriculture, Forest Service, brought a civil action for trespass, ejectment, damages, declaratory judgment and injunctive relief to eject Craig and Lance Thiessen and the Canyon del Buey, LLC, from NFS lands located on the Gila National Forest in the State of New Mexico.

The court found that the continued grazing on the allotment without a permit violates federal regulations and that the Thiessens and the LLC have trespassed on the allotment. In its decision, the court determined that the Thiessens and the LLC did not own a surface grazing estate on the allotment and that any alleged water rights on the allotment did not give them a right to graze livestock on the allotment.

The court permanently enjoins Defendants from trespassing on the Canyon del Buey Allotment, and retains jurisdiction to enforce the Settlement Agreement until Defendants have paid damages to the United States.

The United States was represented by Assistant United States Attorney Cassandra Casaus Currie and Senior Trial Attorney. The case is US v. Craig Thiessen, et al, No. 1:19-cv-00643 (D.N.M.).

Mandatory Facts: Defendant: Craig Thiessen, Crime: Trespassing on National Forest System lands, State: New Mexico, Year: 2022, Outcome: Permanent injunction

Mandatory Facts: Defendant: Craig Thiessen, Crime: Unlawfully taking a Mexican gray wolf in violation of the Endangered Species Act, State: New Mexico, Year: 2018, Outcome: Pleaded guilty and fined

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