Nebraska
Effort revived to preserve access to iconic rapids on scenic Niobrara River • Nebraska Examiner
LINCOLN — An on-again, off-again effort to ensure public access to the Niobrara River is back on.
If the purchase of the Rocky Ford rapids area happens this time – it was blocked more than once a decade ago – it would maintain the public use of an important take-out point for those floating and kayaking the nationally designated scenic river.
A National Park Service representative and the private owner of the Rocky Ford rapids separately confirmed that discussions are underway to have the federal agency purchase the 26-acre site around the rapids, which is the ending point for many float trips down the Niobrara and a popular spot for camping and picnicking in north-central Nebraska.
About 75,000 people each year visit the 76-mile-long, federally designated scenic stretch of the Niobrara River, making it one of the state’s most popular tourist attractions. Because Rocky Ford is in private hands, there’s always a worry that public access to the scenic spot will be shut off, or that access fees will become too expensive.
“There is no better deck in the state of Nebraska,” said Rocky Ford owner Brad Arrowsmith of the view from a cabin on the property.
“That place is therapeutic,” he said.
Arrowsmith, a rancher from Mills, purchased Rocky Ford eight years ago after a canoe outfitter’s effort to sell the property to the Park Service, and later to the Niobrara Scenic River Council, both fell through.
Members of the state’s congressional delegation, as well as local ranchers and representatives on the Niobrara Council, were among those who opposed federal ownership of the property.
In 2018, Arrowsmith said he purchased the rapids to retain local control and to avoid a new private owner from shutting off access to Rocky Ford. The river there has one of the state’s few Class III rapids – rapids with high waves and rocks that require an experienced paddler.
But when the $2.5 million sale to the Niobrara Council fell through, Arrowsmith retained ownership and a canoe outfitting business continued. He eventually took over the business.
But the semi-retired rancher, 58, said he’s more interested now in enjoying the “retired” side of his life and ditching the “semi” portion.
“I never bought it to get into the outfitting business in the first place,” Arrowsmith said. “My hair’s a little whiter than yours. I’m tired.”
So talks began a few months ago to sell the property to the Park Service.
Susan Cook, superintendent of the Niobrara National Scenic River office in Valentine, confirmed that she’s discussed a purchase with Arrowsmith.
“We’re just starting to look at it,” Cook said.
She declined to say whether the Park Service had money allocated for the purchase – as it did a decade ago – or where the money to purchase the site could come from.
Arrowsmith said that he’d also offered, again about a year ago, to sell Rocky Ford to the Niobrara Council, but was again rebuffed.
He said he’s also been approached by a private party to purchase the site and continue the outfitting business.
“At the end of the day I’d love to keep it in local hands … but I’m not sure they can come up with the change to do it,” he said.
Just how quickly, or how long, a purchase might take is unclear. Arrowsmith said he has made improvements to the property that make Rocky Ford more attractive for a buyer.
“It’s not the old ratty wood walkway up to the office,” he said, adding that he also replaced a “monstrosity of a retaining wall” on the land.
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Nebraska
In a first for Nebraska, federal judge awards attorney’s fees to immigrant who was detained without bond hearing
For the first time, a federal judge in Nebraska has awarded court costs and attorney’s fees to an immigrant who prevailed in a lawsuit challenging his detention without bond.
Senior U.S. District Court Judge John Gerrard, an appointee of former President Barack Obama, issued the ruling on Tuesday and awarded $1,535.23 to Edgar Eduardo Cadillo Salazar. Gerrard had previously ruled that Salazar’s detention at the Cass County Jail without bond was unconstitutional and ordered the government to provide him with a bond hearing or release him from custody.
Under the federal Equal Access to Justice Act, individuals and businesses that prevail in civil lawsuits against the federal government can file a motion to hold the government liable for attorney’s fees and court costs. Judges can order the government to cover those costs unless they find that the government’s position was “substantially justified,” or if “special circumstances make an award unjust.”
Before last summer, when the Department of Homeland Security revised its longstanding interpretation of statute, only immigrants who were encountered at the border or other ports of entry were subject to mandatory detention. Immigrants encountered after residing in the U.S. were typically subject to discretionary detention and eligible for a bond hearing.
The new interpretation has led to detention without bond for tens of thousands of immigrants who would have previously been eligible to bond out – and it’s led to an endless stream of wrongful detention lawsuits in Nebraska and around the country. A Reuters investigation found that federal courts have ruled against the mandatory detention policy more than 4,400 times.
In Gerrard’s order granting Salazar’s request for attorney’s fees, he said the government’s position that all undocumented immigrants are ineligible for bond hearings was not substantially justified.
“This ‘new understanding’ of a decades-old statute has resulted in the government detaining hundreds of thousands of nonviolent individuals, often without due process or other constitutional protections,” Gerrard wrote. “It has also sparked thousands of lawsuits where courts have ordered release of those wrongfully detained, for which neither immigration courts nor the Department of Justice have seemed prepared.”
He continued: “The government has not provided any justification, let alone a substantial one, for its radical departure from the historical treatment of noncitizens who entered the United States without inspection. Its arguments rely purely on statutory interpretation; the government apparently expects it can transform an entire area of administrative law because it unilaterally decided that, for thirty years, everyone was wrong about what a statute meant.”
Salazar was later denied bond by an immigration judge and remains in custody, according to his attorney, Alexander Smith.
Two similar motions were denied last month by U.S. District Court Judge Susan Bazis, an appointee of former President Joe Biden. In both cases, Bazis had ruled in favor of the detained immigrants, and they were later released on bond per her orders. But in her opinions denying attorney’s fees under the EAJA, she found that the government’s position on mandatory detention was “substantially justified.”
“The Court cannot say that the Federal Respondents’ pre-litigation decision to treat [the respondent] as being subject to mandatory detention, while not ultimately correct in this Court’s view, lacked a reasonable basis in law or fact,” Bazis wrote in a footnote of her opinions.
The issue of mandatory detention is currently under consideration by the 8th Circuit Court of Appeals, which covers Nebraska and other Midwest states. In oral arguments last month, the appellate court’s conservative judges appeared friendly to the mandatory detention policy.
Nebraska
‘Best we’ve played all year.’ Trent Perry scores 20 points as UCLA routs No. 9 Nebraska
The UCLA men’s basketball team made Senior Night one to savor Tuesday, dominating No. 9 Nebraska 72-52 at Pauley Pavilion for its 20th victory of the season and third over a top-10 ranked opponent.
The Bruins improved to 20-10 overall and 12-7 in the Big Ten with one regular season game remaining, Saturday at crosstown rival USC.
Trent Perry scored 20 points, Eric Dailey Jr. had 14 and three players — Tyler Bilodeau, Skyy Clark and Xavier Booker — each added eight points.
“Nebraska’s got a great team,” UCLA coach Mick Cronin said. “This is the best we’ve played all year — they brought out the best in us. We went from our worst defensive effort to our best. They outhustle everyone they play, but not us. Tonight we were great, but I love the way they play. If we had their attitude we’d have their record.”
Eric Freeny had four points, five rebounds and three steals in 18 minutes for UCLA, which got 26 points in the paint and 17 second-chance points.
“Effort is what it takes to win in March,” Freeny said. “It was our last home game. Coach keeps on pushing me to be better everyday.”
Sam Hoiberg had 12 points to lead Nebraska, but Pryce Sandfort, who began the game leading the conference in three-pointers made per game, was held to nine points.
“Sandford has been unbelievable so to hold him to nine points is amazing,” Cronin said. “Brandon Williams was the unsung hero.”
Williams had six points and three rebounds in 12 minutes off the bench.
The Bruins were in control from the opening tip-off and never trailed the Cornhuskers (25-5, 14-5). UCLA improved to 10-3 in all-time against Nebraska and the win greatly strengthened its resume for the NCAA tournament as the Bruins also beat then-No. 4 Purdue 69-67 on Jan. 20 and then-No. 10 Illinois 95-94 in overtime on Feb. 21 on Donovan Dent’s layup with one second left.
“We have to take attitude we came with tonight, bottle it up and take it on the road,” Dailey Jr. said. “We’ve got so much left. The season’s not over… we’re only as good as our last game. It’s all about how you respond. I love the fight that we played with tonight.”
This is the fifth time in Cronin’s seven seasons that the Bruins have won 20 or more games. They are 17-1 at home (their only loss in overtime to Indiana on Jan. 31).
“Since I’ve been here we don’t lose much at home.” Cronin said.
UCLA went ahead by 15 points, 37-22, on Perry’s three-pointer with 2:41 left and led 37-24 at intermission. The Bruins shot 50% from the field in the first half (15 for 30) while Nebraska was only 31% (nine for 29).
The Bruins increased their advantage to 18 points on Dailey’s dunk less than five minutes into the second half and the visitors got no closer than nine the rest of the way.
Prior to pregame introductions the Bruins honored seniors Bilodeau, Dent and Clark; fifth-year player Jamar Brown; redshirt seniors Steven Jamerson II, Jack Seidler and Anthony Peoples Jr; and redshirt junior Evan Manjikian. In a media timeout, midway through the first half, former coach Jim Harrick (who led UCLA to its 11th national championship in 1995) was honored and got a loud ovation.
“I’m happy for our seniors, I didn’t want them to lose their last game at Pauley,” said Perry, who reversed a subpar performance at Minnesota, where he was 0-for-7 from the field with one rebound and one assist in 26 minutes. “I had to come out here tonight and bounce back for my team. I play for something bigger than myself and I’m fortunate to have the type of guys I do around me.”
UCLA guard Skyy Clark looks to pass while under pressure from Nebraska guard Sam Hoiberg and forward Berke Buyuktuncel in the second half.
(William Liang / Associated Press)
Over the last four games, Dent has 46 assists and just two turnovers.
Bilodeau has scored in double figures in 26 of 28 games played, totaling 20 points or more nine times.
Dailey moved to within five points of reaching the 1,000-career point milestone.
UCLA has now made at least one three-pointer in 887 of 888 games dating to February 2000.
“We had one practice this week, that’s it,” Cronin said. “We watched film, had a heart-to-heart talk and a shoot around today but that’s it.”
Nebraska
4.1-magnitude earthquake hits south-central Nebraska
People across Nebraska and Kansas reported feeling an earthquake Sunday afternoon.
According to the U.S. Geological Survey, a quake measuring 4.1 on the Richter Scale struck around 1 p.m. about 3 miles east of the Webster County village of Cowles, which is in south-central Nebraska near the Kansas border.
A quake of that magnitude is considered “light” and not likely to cause damage.
But the USGS received dozens of reports from people who said they felt the quake, some as far away as Omaha and Manhattan, Kansas. Numerous people took to social media to report feeling the quake.
Two aftershocks of 2.6 magnitude later occurred near the original quake site, one about 90 minutes after the initial quake and one later Sunday night.
Earthquakes are relatively rare in Nebraska, but the state does usually record one or two minor ones per year. The last time Nebraska recorded a quake of a magnitude 4 or above was in December 2023, also in Webster County.
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